Criminal law (rape) (amendment) act, 1990

• Act Number: 32
• Enactment Date: 18 December 1990

Number 32 of 1990
CRIMINAL LAW (RAPE) (AMENDMENT) ACT, 1990
ARRANGEMENT OF SECTIONS
Section 1. Interpretation. 2. Sexual assault. 3. Aggravated sexual assault. 4. Rape under section 4. 5. Abolition of marital exemption in relation to rape. 6. Capacity to commit offences of a sexual nature. 7. Corroboration of evidence in proceedings in relation to offences of a sexual nature. 8. Alternative verdicts. 9. Consent. 10. Trial of persons for certain offences by Central Criminal Court. 11. Exclusion of the public from hearings. 12. Amendment of section 1 of Principal Act. 13. Amendment of section 3 of Principal Act. 14. Amendment of section 8 of Principal Act. 15. Amendment of section 9 of Principal Act. 16. Amendment of section 12 of Principal Act. 17. Miscellaneous amendments of Principal Act. 18. Amendment of section 18 of Criminal Law Amendment Act, 1935. 19. Amendment of Defence Act, 1954. 20. Amendment of Criminal Procedure Act, 1967. 21. Repeals. 22. Short title, collective citation, construction, commencement and transitional provision.
SCHEDULE
Enactments Repealed
Acts Referred to Criminal Justice Act, 1951 1951, No. 2 Criminal Law Amendment Act, 1885 1885, c. 69 Criminal Law Amendment Act, 1935 1935, No. 6 Criminal Law (Rape) Act, 1981 1981, No. 10 Criminal Procedure Act, 1967 1967, No. 12 Defence Act, 1954 1954, No. 18 Genocide Act, 1973 1973, No. 28 Offences against the Person Act, 1861 1861, c. 100
Number 32 of 1990
CRIMINAL LAW (RAPE) (AMENDMENT) ACT, 1990
AN ACT TO AMEND THE LAW RELATING TO RAPE AND CERTAIN OTHER SEXUAL OFFENCES AND FOR THAT PURPOSE TO AMEND THE CRIMINAL LAW (RAPE) ACT, 1981 , AND CERTAIN OTHER ENACTMENTS. [18th December, 1990]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
	Interpretation.	1.—(1) In this Act—
	“aggravated sexual assault” has the meaning assigned to it by section 3 ;
	“rape under section 4 ” has the meaning assigned to it by section 4 ;
	“the Principal Act” means the Criminal Law (Rape) Act, 1981 ;
	“sexual assault” has the meaning assigned to it by section 2 .
	(2) (a) In this Act and in the Principal Act a reference to a section is a reference to a section of the Act in which the reference occurs unless it is indicated that reference to some other enactment is intended.
	(b) In this Act and in the Principal Act a reference to a subsection, paragraph or subparagraph is a reference to the subsection, paragraph or subparagraph of the provision in which the reference occurs unless it is indicated that reference to some other provision is intended.
	(c) In this Act and in the Principal Act a reference to any enactment shall be construed as a reference to that enactment as amended or adapted by or under any subsequent enactment.
	Sexual assault.	2.—(1) The offence of indecent assault upon any male person and the offence of indecent assault upon any female person shall be known as sexual assault.
	(2) A person guilty of sexual assault shall be liable on conviction on indictment to imprisonment for a term not exceeding 5 years.
	(3) Sexual assault shall be a felony.
	Aggravated sexual assault.	3.—(1) In this Act “aggravated sexual assault” means a sexual assault that involves serious violence or the threat of serious violence or is such as to cause injury, humiliation or degradation of a grave nature to the person assaulted.
	(2) A person guilty of aggravated sexual assault shall be liable on conviction on indictment to imprisonment for life.
	(3) Aggravated sexual assault shall be a felony.
	Rape under section 4 .	4.—(1) In this Act “rape under section 4 ” means a sexual assault that includes—
	(a) penetration (however slight) of the anus or mouth by the penis, or
	(b) penetration (however slight) of the vagina by any object held or manipulated by another person.
	(2) A person guilty of rape under section 4 shall be liable on conviction on indictment to imprisonment for life.
	(3) Rape under section 4 shall be a felony.
	Abolition of marital exemption in relation to rape.	5.—(1) Any rule of law by virtue of which a husband cannot be guilty of the rape of his wife is hereby abolished.
	(2) Criminal proceedings against a man in respect of the rape by him of his wife shall not be instituted except by or with the consent of the Director of Public Prosecutions.
	Capacity to commit offences of a sexual nature.	6.—Any rule of law by virtue of which a male person is treated by reason of his age as being physically incapable of committing an offence of a sexual nature is hereby abolished.
	Corroboration of evidence in proceedings in relation to offences of a sexual nature.	7.—(1) Subject to any enactment relating to the corroboration of evidence in criminal proceedings, where at the trial on indictment of a person charged with an offence of a sexual nature evidence is given by the person in relation to whom the offence is alleged to have been committed and, by reason only of the nature of the charge, there would, but for this section, be a requirement that the jury be given a warning about the danger of convicting the person on the uncorroborated evidence of that other person, it shall be for the judge to decide in his discretion, having regard to all the evidence given, whether the jury should be given the warning; and accordingly any rule of law or practice by virtue of which there is such a requirement as aforesaid is hereby abolished.
	(2) If a judge decides, in his discretion, to give such a warning as aforesaid, it shall not be necessary to use any particular form of words to do so.
	Alternative verdicts.	8.—(1) A person indicted for rape may, if the evidence does not warrant a conviction for rape but warrants a conviction for rape under section 4 or aggravated sexual assault or sexual assault, be found guilty of rape under section 4 or of aggravated sexual assault or of sexual assault, as may be appropriate.
	(2) A person indicted for rape may, if the evidence does not warrant a conviction for rape but warrants a conviction for an offence under section 1 or 2 of the Criminal Law Amendment Act, 1935 , or under section 3 of the Criminal Law Amendment Act, 1885 , be found guilty of an offence under the said section 1, 2 or 3, as may be appropriate.
	(3) A person indicted for rape under section 4 may, if the evidence does not warrant a conviction for rape under section 4 but warrants a conviction for aggravated sexual assault or for sexual assault, be found guilty of aggravated sexual assault or of sexual assault, as may be appropriate.
	(4) A person indicted for aggravated sexual assault may, if the evidence does not warrant a conviction for aggravated sexual assault but warrants a conviction for sexual assault, be found guilty of sexual assault.
	(5) A person indicted for an offence made felony by section 1 of the Criminal Law Amendment Act, 1935 , may, if the evidence does not warrant a conviction for the felony or an attempt to commit the felony but warrants a conviction for an offence under section 2 of the Criminal Law Amendment Act, 1935 , or section 3 of the Criminal Law Amendment Act, 1885 , or rape under section 4 or aggravated sexual assault or sexual assault, be found guilty of an offence under the said section 2 or 3 or of rape under section 4 or of aggravated sexual assault or of sexual assault, as may be appropriate.
	Consent.	9.—It is hereby declared that in relation to an offence that consists of or includes the doing of an act to a person without the consent of that person any failure or omission by that person to offer resistance to the act does not of itself constitute consent to the act.
	Trial of persons for certain offences by Central Criminal Court.	10.—A person indicted for a rape offence or the offence of aggravated sexual assault or attempted aggravated sexual assault or of aiding, abetting, counselling or procuring the offence of aggravated sexual assault or attempted aggravated sexual assault or of incitement to the offence of aggravated sexual assault or conspiracy to commit any of the foregoing offences shall be tried by the Central Criminal Court.
	Exclusion of the public from hearings.	11.—The following section shall be substituted for section 6 of the Principal Act:
	“6.—(1) Subject to subsections (2), (3) and (4), in any proceedings for a rape offence or the offence of aggravated sexual assault or attempted aggravated sexual assault or of aiding, abetting, counselling or procuring the offence of aggravated sexual assault or attempted aggravated sexual assault or of incitement to the offence of aggravated sexual assault or conspiracy to commit any of the foregoing offences, the judge, the justice or the court, as the case may be, shall exclude from the court during the hearing all persons except officers of the court, persons directly concerned in the proceedings, bona fide representatives of the Press and such other persons (if any) as the judge, the justice or the court, as the case may be, may in his or its discretion permit to remain.
	(2) Subject to subsection (3), during the hearing of an application under section 3 (including that section as applied by section 5) or under section 4 (2), the judge, the justice or the court, as the case may be, shall exclude from the court all persons except officers of the court and persons directly concerned in the proceedings.
	(3) Subsections (1) and (2) are without prejudice to the right of a parent, relative or friend of the complainant or, where the accused is not of full age, of the accused to remain...