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(LRC Revised)

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LRC Revised Act

Number 32 of 1990

CRIMINAL LAW (RAPE) (AMENDMENT) ACT 1990

REVISED

Updated to 15 February 2022

Changes to legislation

as of 10 July 2026, this Act is up to date with all changes known to be in force.

This Revised Act is an

administrative consolidation of the

Criminal Law (Rape)(Amendment) Act 1990

. It

is prepared by the Law Reform Commission in accordance with its function under the

Law Reform Commission Act 1975

(3/1975) to keep the law under review and to

undertake revision and consolidation of statute law.

All Acts up to and including the

Maritime Area Planning Act

2021

(50/2021), enacted 23 December 2021, and all statutory instruments up to and

including the

Education Act 1998 (Unregistered Persons) (Amendment) Regulations

2022

(S.I. No. 68 of 2022), made 15 February 2022, were considered in the

preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act,

the Law Reform Commission can assume no responsibility for and give no guarantees,

undertakings or warranties concerning the accuracy, completeness or up to date nature

of the information provided and does not accept any liability whatsoever arising from

any errors or omissions. Please notify any errors, omissions and comments by email

to

revisedacts@lawreform.ie.

Number

32

of

1990

CRIMINAL LAW (RAPE) (AMENDMENT) ACT 1990

REVISED

Updated to 15 February

2022

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

REVISED

Updated to 15 February

2022

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. [18

th December

, 1990]

BE IT ENACTED BY THE OIREACHTAS AS

FOLLOWS

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

Number

32

of

1990

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