Reform of Irish rape law:The need for a legislative definition of consent

Perhaps the most challenging aspect of the prosecution’s task in a rape trial is proving that consent was absent. Despite the centrality of consent, the concept is not legislatively defined in Irish law. In this respect Ireland has lagged considerably behind other comparable common law jurisdictions. Irish guidance on consent continues to be gleaned from common law rules and is generally not sufficiently developed to contribute to minimising the prosecution’s difficulties of proving an absence of consent in rape trials. This article argues for the introduction of a statutory definition of consent in Irish law and considers the form that a prospective definition should take.