Q. What is rape and sexual assault?
A.
Rape is an act of domination, anger and violence, which uses sexual penetration as a weapon. Not all rapes and sexual assaults are necessarily physically violent but violence is always implied or threatened. Any act of sexual violence can affect someone's life very deeply. If you have been raped or assaulted, you deserve support to help you overcome this trauma.
Legal definitions: Common Law rape is defined in section 1 of the Criminal Law (Rape) Act, 1981(as amended). It provides that a man commits rape if he has sexual intercourse with a woman who does not consent, and at the time he either knows that she does not consent or is reckless as to whether or not she consents. Section 4 of the Criminal Law (Rape) (Amendment) Act 1990 defines a second category of rape as a sexual assault, which includes penetration (however slight) of the anus or mouth by the penis, or penetration (however slight) of the vagina by an object held or manipulated by another person. This second offence is known as 'section 4 rape'. Common Law rape is gender specific and can only be perpetrated by a man against a woman. Although a woman may be found guilty of common law rape as an accessory; that is where she has assisted a man in perpetrating a rape. Section 4 rape, on the other hand, is gender neutral and can, therefore, be perpetrated by a woman or a man upon either a woman or a man. The maximum penalty for both types of rape is life imprisonment.
Sexual assault is an act of physical, psychological and emotional violation, in the form of a sexual act, which is inflicted on someone without consent. It can involve forcing or manipulating someone to witness or participate in any sexual acts, apart from penetration of the mouth with the penis, the penetration of anus or vagina (however slight) with any object or the penis, which is rape.
Legal Definition: Sexual Assaults; sections 2 and 3 of the criminal Law (Rape) (Amendment) Act, 1990 provide for the offences of aggravated sexual assault and sexual assault. Aggravated sexual assault means a sexual assault involving serious violence or the threat of serious violence, or a sexual assault that causes injury, humiliation or degradation of a grave nature. This offence also carries a maximum penalty of life imprisonment. Sexual assault itself is not defined in the Act. It used to be known as 'indecent assault', and is still generally understood to mean an assault in circumstances of 'indecency'. This offence covers a range of conduct, from non-consensual sexual touching to a sexual attack just falling short of rape. It carries a maximum penalty of five years' imprisonment. Both types of sexual assault are gender neutral.
Underage Sexual offences: Legal definition: Unlawful Carnal knowledge; under the Criminal Law (Sexual Offences) Bill 2006, 'The age of consent' is 17 years for both heterosexual and homosexual intercourse. Sexual activity with anyone under the age of consent is illegal (except for 15-17 year old girls, who will not be criminalised for engaging in full intercourse). The presence of consent is not a defence, however, the defendant can argue an honestly held belief that the child was over the age of consent.
Incest: Punishment of Incest Act 1908, as amended, provides that a man who has sexual intercourse with his granddaughter, daughter, sister, or mother shall be guilty of incest; consent is not relevant.