A person accused of rape will have to prove to a jury how they believed they had consent to have sex, under proposals going to Cabinet today.
Under current law, the accused’s own subjectively honest but mistaken belief that the woman was consenting is a defence to rape.
Justice Minister Helen McEntee is seeking approval from her Cabinet colleagues to draft new legislation that will also put a stop to a man using the defence that he was drunk in relation to his capacity to understand if he did have consent to have sex.
