Sexual Assault Offences and Rape
Sexual Assault Offences and Rape
Several acts set out the law related to sexual offences, rape, child sexual abuse, and child pornography in Ireland. Some of the laws a person can be charged under are as follows:
- The Criminal Law (Rape) Act 1981
- Criminal Law Rape (amendment) Act 1990
- Criminal Law (Sexual Offences) Act 2006
- Criminal Law Sexual Offenses Act 2017
A person, whether a victim or accused of sexual offences or rape can have life-changing consequences. Hence, it is of utmost importance that legal help is sought from experienced solicitors in such sensitive cases.
What Constitutes a Sexual Offence?
A sexual offence, rape occurs when someone forces or manipulates someone else without consent into unwanted sexual activity. The consent is defined in Criminal Law Sexual Offences Act 2017. According to which, consent is a free and voluntary agreement for engaging in sexual acts. In the Republic of Ireland, the legal age for consent is 17 when a person is legally competent to give consent.
A sexual offence or rape is considered when:
– The victim has been threatened or has been shown fear of force
– If the victim is unconscious or asleep
– Is under the influence of drug or alcohol thereby incapable of consenting
– Is suffering from a physical disability that prevents communication of consent, etc.
Penalties for Sexual Offences or Rape
The exact penalty for such types of offences depends on the precise charges, nature of the case, victim’s age, etc. Irish courts can impose the following penalties singularly or in combination on a case-to-case basis:
– Imprisonment: If the victim is under the age of 17 years, the maximum sentence is 10 or 14 years. The maximum penalty for rape is life imprisonment.
– Fine: It can be without any upper limit or up to €31,000 depending on the case
– Registering name in the Sex Offender’s Register
– Post-release supervision
Important things related to Sexual Assault
The sexual offences, rape offender can be tried under civil sexual assault or criminal sexual assault.
Civil Proceedings: The civil sexual assault case deals with monetary compensation to the victim on account of legal fees, psychological damage, lost wages, medical expenses, etc.
Criminal Proceedings: These cases are concerned with determining if the defendant is innocent or guilty. Criminal courts can order the offender to compensate the victim.
How can we help?
We have qualified solicitors to advise you on cases involving sexual offences or rape. Our extensive experience in such sensitive cases can ensure the best possible outcome for you.
Brian Keenan
Principal Solicitor
With over 13 years of experience in the legal industry, Brian has a wealth of knowledge and expertise in advising clients who find themselves in a difficult situation. Brian’s main areas of practice are Criminal Defence and Personal Injury Litigation. Brian’s reputation in the area of Criminal Defence has grown greatly over the last number of years and he regularly contributes at conferences on the topics of the Criminal Justice System and the area of Juvenile Justice.
Contact Us
Our extensive experience in such sensitive cases can ensure the best possible outcome for you. Contact us below: