Jim O'Callaghan (Dublin Bay South, Fianna Fail) | Oireachtas source

I move amendment No. 89:

In page 28, between lines 21 and 22, to insert the following: "Non-consent to sexual activity

41.An individual is to be taken not to have consented to sexual activity where—

(a) the defendant intentionally deceived the complainant as to the nature or purpose of sexual activity,

(b) the defendant intentionally induced the complainant to consent to sexual activity by impersonating a person known personally to the complainant,

(c)the complainant submits to sexual activity as a result of violence or threats of violence towards the complainant or towards a third party,

(d) the complainant was, and the defendant was not, unlawfully detained at the time of the relevant act,

(e) the complainant submits to sexual activity as a result of threats of serious harm or serious detriment of any type to the complainant or a third party,

(f) the complainant was asleep or otherwise unconscious at the time of the relevant act,

(g) the complainant was too affected by alcohol or drugs to freely agree to sexual activity,

(h) agreement is expressed by a third party not the complainant,

(i) the complainant having originally consented to engage in sexual activity expresses by words or conduct a lack of agreement to continue to engage in the activity,

(j) the complainant submits to sexual activity because of the abuse of a position of authority or trust.".