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

I thank the Ceann Comhairle. I think Deputy Lawless will be coming.

I welcome this legislation and I commend the Ministers, Deputies James Browne and McEntee, for introducing it into the House today.

I have a limited amount of time, but I want to speak in respect of a number of sections in the Bill. In particular, I refer to section 7 of the Bill because it contains quite a significant change to the law in respect of rape as it operates in this country. That is a change that we need to inform the public about. It is a change we need to make sure people are aware of.

Rape is an extremely serious and devastating crime for a victim. It is also an extremely serious crime for a person to be convicted of. It results, quite correctly, in a very lengthy custodial sentence in most circumstances and as well as that, it categorises a person as a rapist for the rest of their lives.

At present, the law in Ireland is governed by the Criminal Law (Rape) Act 1981. It sets out what is the mens rearequired in order for the crime of rape to be committed. For serious criminal offences, it is essential that there is this mens rea, that the person accused of the offence has the intention of committing the offence. It is for that reason it is noteworthy the change that is contained in the legislation. At present, the law requires, and says, that, "A man commits rape if ... sexual intercourse with a woman who at the time of the intercourse does not consent to it ...". That is obviously clear. Then it goes on and sets out what mens reais required, "and ... at that time he knows that she does not consent to the intercourse or he is reckless as to whether she does or does not consent to it ... ." That is the law as it exists today. We are changing that law and it is a change that I support. The law will now be, instead of paragraph (b), as I read out, "at that time he [the man] does not reasonably believe that she consents to the intercourse".

We are moving from a mens reaof knowledge or recklessness to a mens rea of reasonable belief. It is important, as lawmakers, that we announce and make people, particularly men, aware of the change that is happening. It will now be the case that a man commits rape if he has intercourse without consent and at that time does not reasonably believe that the woman consents to the intercourse. That is an objective test and men need to ensure that when they are having sexual intercourse they are absolutely satisfied they have reasonable belief that the woman is consenting to it. It is a worthwhile change but it is a significant change and something men need to be aware of when they are engaging in sexual activity.

If one looks at the circumstances of many rapes that come before the courts now, in many instances there are circumstances or events which take place in the context of too much alcohol being consumed by individuals involved. This law will change the position and provide that men, in particular, have to be extremely careful when they are having sex with a woman that they are fully aware and fully and reasonably believe that the woman is consenting to sexual activity. That is a change. Some people may not think it is a significant change but it is a change in the mens reaand one of which men in Ireland should be aware. It is also a change that I support. There is a responsibility on a man having sexual intercourse to ensure he has a reasonable belief that the woman with whom he is having sexual intercourse consents in respect of it.

There are other provisions in the legislation that I also welcome. It continues and broadens the anonymity that applies to a complainant in a sexual offences trial and also applies it to the person who is accused. Because of the consequences for individuals who are identified in rape trials, whether they be the complainant or the accused, it is worthwhile that the legislation is amended as it proposed.

I see Deputy Lawless is here so I will hand over to him.

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