Ruth Coppinger (Dublin West, Anti-Austerity Alliance) | Oireachtas source

I move amendment No. 1:

In page 6, between lines 6 and 7, to insert the following: “ “consent” in reference to sexual activity, means voluntary agreement to engage in the sexual activity in question, unless otherwise stated in this Act. Allowing sexual activity does not amount to consent in some circumstances—

(a) a person does not consent to sexual activity just because he or she does not protest and/or offer physical resistance to the activity,

(b) a person does not consent to sexual activity if he or she allows the activity because of—

(i) force applied to him/her and/or to some other person(s),

(ii) the threat (express or implied) of force being applied to him/her and/or some other person(s), or

(iii) the fear of the application of force to him or her or some other person(s), and

(c) in any of the cases in paragraph (a) above, it is immaterial whether it is the accused who applies force and/or threats of force against the complainant and/or other(s), or not,

(d) a person does not consent to sexual activity if the activity occurs while he/she is asleep or otherwise unconscious,

(e) a person does not consent to sexual activity if the activity occurs while he/she is so affected by alcohol and/or some other drugs(s) that he/she cannot consent or refuse to consent to the activity, whether or not that person took alcohol and/or some other drugs voluntarily,

(f) a person does not consent to sexual activity if the activity occurs while he/she is so affected by a physical condition or impairment of such a nature and degree that he/she cannot consent or refuse to consent to the activity,

(g) a person does not consent to sexual activity with another person if he/she allows the sexual activity because he/she is mistaken about the identity of that person,

(h) a person does not consent to sexual activity if he or she allows the activity because he or she is mistaken about its nature and quality,

(i) a person does not consent to sexual activity if that consent is expressed by the words and/or conduct of someone other than themselves,

(j) a person does not consent to sexual activity if he/she expresses by word and/or conduct, a lack of agreement to engage in that activity,

(k) a person does not consent to sexual activity if, having first consented to sexual activity, he/she expresses by words or conduct a lack of agreement to continue to engage in that activity,

(l) this section does not limit the circumstances in which a person does not consent to sexual activity.”.

The amendment relates to the definition of consent, the provision of which in the Bill many organisations dealing with victims of violence and sexual violence in particular have campaigned for and asked the Government to include. The definition speaks very clearly and simply for itself. This is a huge issue in society. Increasingly we see in rape cases the use by the alleged perpetrator of the defence that the victim did not object for any number of reasons, whether because the victim may not have been in a position to object or may have been inebriated. I hope the Minister will accept the amendment because, again, it has been asked for and campaigned for by the relevant organisations, and the sexual offences Bill is the appropriate legislation for its inclusion.