Charles Flanagan (Laois, Fine Gael) | Oireachtas source

I am pleased the Deputy recognises that this is not only a most sensitive area of the law but also a most complex area. As the law stands, the mental element of the offence of rape is not present if the accused honestly believed consent was given, so long as that belief was genuine, no matter how unreasonable or irrational. As a result, a person who held a genuine but completely unreasonable belief that the other person consented would not be found guilty of rape.

It was on foot of those debates that the Law Reform Commission was asked to give the matter detailed consideration. As the Deputy has said, the report recommends a change in the law to state that the belief of the accused person in consent must be reasonably held. It also touches on some of the surrounding matters which are being examined elsewhere, such as rape myths and stereotypes, obstacles to prosecution in rape cases, the treatment of victims in rape cases and other related matters.

I am giving the matter urgent consideration and will be mindful of the recommendation. I think we will have an opportunity to discuss the issue again at an early date.

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