Skip to content
Support Us

We need your help now

Support from readers like you keeps The Journal open.

You are visiting us because we have something you value. Independent, unbiased news that tells the truth. Advertising revenue goes some way to support our mission, but this year it has not been enough.

If you've seen value in our reporting, please contribute what you can, so we can continue to produce accurate and meaningful journalism. For everyone who needs it.

Laura Hutton/RollingNews.ie

Calls for legislation on definition of consent following Supreme Court ruling in rape case

It found that an honest belief of consent would be a good defence for an accused, even if the belief is unreasonable.

THE DUBLIN RAPE Crisis Centre has stated that Ireland’s law on consent needs to be strengthened.

In its judgment today, the Supreme Court considered the meaning of consent. It found that an honest belief of consent would be a good defence for an accused, even if the belief is unreasonable.

CEO of the Dublin Rape Crisis Centre, Noeline Blackwell said:

“The Supreme Court was asked if in a situation where a person claims honest belief, if they genuinely believe that a woman has consented, must the law take that into account – even if it’s irrational and unreasonable? And the Supreme Court said ‘Yes, if it’s a genuine belief’.”

Speaking to Drivetime on RTE Radio 1, Blackwell said, “The real heart of this question was, what if a man genuinely believes a woman consents – is that a good defence? Even if the belief is kind of off the wall?

What the judges said was ‘Yes, if a man genuinely beliefs that the woman gave consent, then no matter how unreasonable that belief is, then it is a good defence and he will not be convicted of rape.

She added that this is very different to the way that they approach it in other countries where you have to take it into account if the accused believed they had consent, but the belief has to be rational to some extent.

In a statement today Blackwell also noted that the court had gone into some detail to consider the credibility challenges that an accused will face if claiming an honest belief of consent.

She also called for the Tánaiste and Justice Minister Frances Fitzgerald to include a statutory definition of consent in the Criminal Justice (Sexual Offences) Bill 2015 currently going through the Dáil.

Blackwell said, “Given that it took a question to a seven-judge Supreme Court to give us an up to date answer on the Irish law on consent, and given that the answer is still very complex and case specific, it is more important than ever that the legislature would use the legislation currently going through the Dáil on sexual offence to clarify what is meant by consent.

“They should also ensure that they take the chance to improve our law so that it is entirely clear that a belief of consent must be real and well grounded in reality.”

Anyone who may be affected by this story can call the National 24-hour helpline on 1800 77 88 88.

Read: Convicted child rapist Patrick O’Brien has been sentenced to 13 years in prison>

Readers like you are keeping these stories free for everyone...
A mix of advertising and supporting contributions helps keep paywalls away from valuable information like this article. Over 5,000 readers like you have already stepped up and support us with a monthly payment or a once-off donation.

Close
18 Comments
    Install the app to use these features.
    Mute Axl
    Favourite Axl
    Report
    Jan 4th 2017, 7:57 AM

    Married twice in the space off 4 years good lad . I presume the other two we’re equally as stupid as the slender brunette in the picture with him

    187
    Install the app to use these features.
    Mute Joe Bloggs
    Favourite Joe Bloggs
    Report
    Jan 4th 2017, 10:51 AM

    It turned out one of them only married him in the hopes of getting his body after his death, presumably to make money from it. He was supposedly left heartbroken as a result of this.

    35
    Install the app to use these features.
    Mute Cosmo Kramer
    Favourite Cosmo Kramer
    Report
    Jan 4th 2017, 10:53 AM

    If those murders were committed in Ireland he probably wouldn’t have spent a day in jail as he was never present at any of the murders.. Manson himself was neglected and abused as a child, he was placed in a childs detention center from his early teens and was sexually abused from around the same age.. To be fair he never got a start in life and considering he was never present at any of the murders I’d say he would have got off scot free over here..

    58
    See 4 more replies ▾
    Install the app to use these features.
    Mute john
    Favourite john
    Report
    Jan 4th 2017, 4:36 PM

    He wasn’t present at the tate murders and the next murder. It’s untrue to say he wasnt present at other murders.

    4
    Install the app to use these features.
    Mute Cosmo Kramer
    Favourite Cosmo Kramer
    Report
    Jan 4th 2017, 4:46 PM

    John he wasn’t present at any murders carried out by the Manson Family..

    4
    Install the app to use these features.
    Mute john
    Favourite john
    Report
    Jan 5th 2017, 12:36 AM

    @Cosmo Kramer: most definitely was at at least one

    1
    Install the app to use these features.
    Mute john
    Favourite john
    Report
    Jan 5th 2017, 12:41 AM

    @Cosmo Kramer: i’m pretty sure he was present during hinmans murder/torture

    1
    Install the app to use these features.
    Mute Brendan Keegan
    Favourite Brendan Keegan
    Report
    Jan 4th 2017, 8:36 AM

    They didn’t let him out because he might run for President. He has all the qualifications required.

    160
    Install the app to use these features.
    Mute rowan hill
    Favourite rowan hill
    Report
    Jan 4th 2017, 7:52 AM

    Maniac

    90
    Install the app to use these features.
    Mute Daniel O'Connor
    Favourite Daniel O'Connor
    Report
    Jan 4th 2017, 7:54 AM

    2000

    169
    Install the app to use these features.
    Mute EoinM
    Favourite EoinM
    Report
    Jan 4th 2017, 8:02 AM

    She walked across the dance floor that night..

    82
    See 4 more replies ▾
    Install the app to use these features.
    Mute Eye_c_u
    Favourite Eye_c_u
    Report
    Jan 4th 2017, 9:02 AM

    She was a sexy lady

    54
    Install the app to use these features.
    Mute Liam O'Reilly
    Favourite Liam O'Reilly
    Report
    Jan 4th 2017, 9:32 AM

    @Eye_c_u: She had to get her thrill

    46
    Install the app to use these features.
    Mute Les Behan
    Favourite Les Behan
    Report
    Jan 4th 2017, 11:05 AM

    @Liam O’Reilly: “It was the heat of the moment”

    Sorry I was thinking of a different song.

    16
    Install the app to use these features.
    Mute EoinM
    Favourite EoinM
    Report
    Jan 4th 2017, 2:12 PM

    Ah Jaysis Les. Wreck the buzz why don’t ya.

    18
    Install the app to use these features.
    Mute Mr Snuffleupagus
    Favourite Mr Snuffleupagus
    Report
    Jan 4th 2017, 7:58 AM

    How come these nutcases attract beautiful women?

    69
    Install the app to use these features.
    Mute JFN
    Favourite JFN
    Report
    Jan 4th 2017, 8:14 AM

    Hint, they’re also nutcases

    188
    Install the app to use these features.
    Mute prop joe
    Favourite prop joe
    Report
    Jan 4th 2017, 8:33 AM

    @Mr Snuffleupagus: He plays guitar.

    It is frightening to see the kind of women that are attracted to him. The original Mason Family had would seemed like normal well educated people. Particularly gorgeous women in the Mason Family he used to get into places, a lot of dark people out there.

    37
    See 5 more replies ▾
    Install the app to use these features.
    Mute Deborah Behan
    Favourite Deborah Behan
    Report
    Jan 4th 2017, 9:20 AM

    The idiots think they can change/save/understand him. Pick whichever.

    33
    Install the app to use these features.
    Mute john
    Favourite john
    Report
    Jan 4th 2017, 9:23 AM

    @prop joe: yeah but the manson girls were very very young and he was in his 40′s and filling them with LSD and bulls*it…and i doubt he was taking any himself. A master manipulator and bad bad man. Doris Tate will be disappointed he will die of old age.

    39
    Install the app to use these features.
    Mute Neal, not Neil.
    Favourite Neal, not Neil.
    Report
    Jan 4th 2017, 12:50 PM

    The one in the photo is not all that beautiful, to be fair.

    8
    Install the app to use these features.
    Mute Steve Austin
    Favourite Steve Austin
    Report
    Jan 4th 2017, 2:43 PM

    Do ya think if he was a bus driver she would be with him ..look at the head on hin !!

    3
    Install the app to use these features.
    Mute Alois Irlmaier
    Favourite Alois Irlmaier
    Report
    Jan 4th 2017, 11:09 PM

    @Mr Snuffleupagus: They always did?

    1
    Install the app to use these features.
    Mute ian110664
    Favourite ian110664
    Report
    Jan 4th 2017, 8:02 AM

    Still looks as evil as ever

    58
    Install the app to use these features.
    Mute Eidhne Conlon
    Favourite Eidhne Conlon
    Report
    Jan 4th 2017, 12:08 PM

    Interesting how Manson’s idea of pitting one race against another seems to be a standard political tool nowadays….

    30
    Install the app to use these features.
    Mute George Vladisavljevic
    Favourite George Vladisavljevic
    Report
    Jan 4th 2017, 8:56 AM

    He should only be transferred to a morgue.

    28
    Install the app to use these features.
    Mute funkytown
    Favourite funkytown
    Report
    Jan 4th 2017, 9:37 AM

    A morgue? a hole in the ground that he should dig.

    21
    Install the app to use these features.
    Mute Davy Boy
    Favourite Davy Boy
    Report
    Jan 4th 2017, 10:25 AM

    No loss

    12
    Install the app to use these features.
    Mute Trisha Tully
    Favourite Trisha Tully
    Report
    Jan 4th 2017, 10:00 AM

    Hopefully he’ll die in agony.

    9
    Install the app to use these features.
    Mute Richard Day
    Favourite Richard Day
    Report
    Jan 4th 2017, 2:31 PM

    Or even better karma is that one of the hospital workers is related to one of his victims…..

    1
    Install the app to use these features.
    Mute Shane Kenny
    Favourite Shane Kenny
    Report
    Jan 4th 2017, 12:15 PM

    The video interviews of him on utube are mesmerising. He would have you convinced he did nothing wrong and the world did him wrong.

    8
    Install the app to use these features.
    Mute Shane Carroll
    Favourite Shane Carroll
    Report
    Jan 4th 2017, 1:45 PM

    @Shane Kenny: Theres a podcast called you must remember this and there are a few episodes about manson, his followers and the history of it all. Very good listening if you’re interested!

    9
    Install the app to use these features.
    Mute June Rose-Sommer
    Favourite June Rose-Sommer
    Report
    Jan 4th 2017, 5:53 PM

    Frankly, I couldn’t give a fcuk!!

    2
    Install the app to use these features.
    Mute Alois Irlmaier
    Favourite Alois Irlmaier
    Report
    Jan 4th 2017, 10:55 PM

    Should be burried at sea in a Dybbuk box rather than a coffin?

    1
    Install the app to use these features.
    Mute siobhanmaguire
    Favourite siobhanmaguire
    Report
    Jan 4th 2017, 10:32 PM

    Catherine Tate wasn’t far off the mark!!!

    1
    Install the app to use these features.
    Mute Quentin Moriarty
    Favourite Quentin Moriarty
    Report
    Jan 4th 2017, 9:19 AM

    Push him along asap

    1
Submit a report
Please help us understand how this comment violates our community guidelines.
Thank you for the feedback
Your feedback has been sent to our team for review.
JournalTv
News in 60 seconds