Criminal Law (Rape) (Amendment) Act 1990

Number 32 of 1990

CRIMINAL LAW (RAPE) (AMENDMENT) ACT 1990

REVISED

Updated to 15 February 2022

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Enactments Repealed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. [18th December, 1990]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Revised Acts

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Criminal Law (Rape) (Amendment) Act 1990