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

I move amendment No. 1:

In page 6, between lines 8 and 9, 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),(c) in any of the cases in paragraph (b) 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 drug(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;".

I do not think there is a need to push our amendment. I welcome the fact the Minister has incorporated points we and others made. It is practically the same wording that was discussed on Committee Stage and I am happy to accept it and withdraw our amendment. This has been an important issue, particularly for rape victims. In theory, we should not need a definition of consent but we do. It follows a process that has taken place on campuses, schools and colleges about what is and what is not consent.

We have seen a number of cases where this issue became very important. In Ireland, cases were pursued with people bravely identifying themselves publicly and waiving their anonymity to progress this issue. I salute those in the rape crisis centres and other agencies who have pushed for this to be taken on board.

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