Helen McEntee 'regrets' removing consent proposals in rape law reform
Provisions in the landmark legislation, revealed by Justice Minister Helen McEntee last year and signed off by Cabinet this year, have now been dropped. File picture: PA
Justice Minister Helen McEntee has said she “regrets” having to withdraw significant proposals around consent in the Government’s major reform of existing rape laws.
Provisions in the landmark legislation, such as the accused having to prove to a jury that steps were taken to seek consent, which had been signed off by Cabinet, have now been dropped.
Ms McEntee has come in for criticism from Dublin Rape Crisis Centre which has said her decision is a step backwards and will deny protection for victims.
The Department of Justice said the provisions in the Criminal Law (Sexual Offences and Human Trafficking) Bill 2023 have been removed for a number of reasons, including implications of a Supreme Court ruling.
A spokesman for the department said the provisions need to be thoroughly examined in order to "ensure they are constitutionally sound".
The provisions were quietly dropped with the updated legislation published two weeks ago.
Ms McEntee said she made Cabinet aware of the changes “a number of weeks ago”.
“This is not a decision that I've taken lightly," said Ms McEntee.
"I would very much prefer to have included this element in the sexual offences legislation but a recent court ruling which has forced me to revise this particular part of the bill, and potentially expand it further beyond rape and sexual offences, has meant that this will take more time to develop this legislation.
“I currently have to respond to other court rulings which have taken place and many of the actions that will help respond to these are in the sexual offences legislation.
“So it's really important that this bill passes as soon as possible because the changes that are required around consent would take a considerable length of time, potentially a number of months.
Ms McEntee said she will engage with representative organisations supporting and working with victims of domestic and sexual violence and has plans to have an extensive engagement with them next week.
“Obviously, I was hoping to discuss not just this but many other matters with them.
“But again, I have to say I very much regret the fact that this has had to be taken away from this piece of legislation, but it will progress.
“I'm absolutely determined that those changes will come into effect.
“But it's really important that we get it right because if this legislation is not right, it could potentially have implications for other cases that have passed or that are ongoing and the last thing that I want to do is have a negative impact on any other type of rape or sexual offence cases,” she added.
Ms McEntee revealed the landmark legislation last year and received Cabinet approval in July this year to publish the wide-ranging bill that seeks to strengthen the law around sexual offences and improve protections for victims.
