Consent and age of consent
The Criminal Law (Sexual Offences) Act 2017 defines consent as free and voluntary agreement, and lists circumstances in which a person does not consent, including sleep, unconsciousness, force, threat and incapacity through intoxication. The age of consent is 17, with a limited close-in-age defence for those aged 15 or over where the other party is less than two years older.
Key points
| Age of consent | 17 |
|---|---|
| Close-in-age defence | Available where both are aged 15 or over and less than two years apart |
| Definition | Free and voluntary agreement; silence or absence of resistance is not consent |
| Withdrawal | Consent may be withdrawn at any time |
| Marital rape | A crime since 1990 |
| Position of authority | Aggravating and separately criminalised |
| Limitation | None for serious sexual offences |
| Statutory definition | Consent is defined in the 2017 Act as free and voluntary agreement |
| No consent by silence | The Act lists circumstances in which consent is absent, including sleep and intoxication |
| Legal advice for complainants | Free legal advice is available where sexual history evidence is raised |
| Anonymity | Complainants have statutory anonymity |
In practice
- Attend a sexual assault treatment unit: forensic examination is available with or without a report.
- Ask for the free legal advice scheme if the defence applies to raise your sexual history.
Recent changes
The 2017 Act, together with the Sexual Offences and Human Trafficking Act 2024, strengthened protections for complainants, including restrictions on questioning about sexual history.
Where to go
- Rape Crisis Network Ireland and the Dublin Rape Crisis Centre national 24-hour line 1800 77 88 88.
- Sexual Assault Treatment Units in major hospitals, which provide care with or without a report to the Gardaí.
- An Garda Síochána protective services units.
Worth knowing
Sexual Assault Treatment Units will treat you and store evidence even if you do not want to involve the Gardaí, and will hold it while you decide. The 2017 Act put the definition of consent into statute and listed when it cannot exist. That list is what prosecutors rely on.
The general article: Consent and age of consent · Compare with another country
Domestic violence
The Domestic Violence Act 2018 introduced the offence of coercive control, extended protection to people in intimate relationships who do not live together, and allowed victims to give evidence with support. Orders are obtained from the District Court, often quickly.
Key points
| Coercive control | A criminal offence since January 2019 |
|---|---|
| Protection order | Interim order pending the hearing of a safety or barring application |
| Safety order | Prohibits violence and threats; the respondent may remain in the home |
| Barring order | Requires the respondent to leave the family home |
| Emergency barring order | Available to applicants who do not own the property, for up to eight working days |
| Dating relationships | Covered, without a cohabitation requirement |
| Court supports | Accompaniment, screens and exclusion of the public are available |
| Safety and barring orders | Different orders for different situations; barring removes the person from the home |
| Free legal aid | Available for domestic violence applications |
In practice
- Apply at the District Court; applications are free and no solicitor is required.
- Ask about an emergency barring order if you do not own or rent the home in your name.
Cost and coverage
District Court applications are free; legal aid is means-tested but prioritised in domestic violence cases.
Recent changes
Ireland's coercive control offence was among the first in Europe and has produced a steady stream of prosecutions, including for post-separation abuse.
Where to go
- Women's Aid national freephone helpline 1800 341 900, 24/7.
- Men's Aid Ireland 01 554 3811.
- Safe Ireland refuge network and Citizens Information on court procedure.
Worth knowing
An emergency barring order is available even where the applicant has no legal interest in the home — designed precisely for people who would otherwise have to leave. The emergency barring order was created precisely for applicants with no legal interest in the property. It lasts only eight working days, so use the time to apply for a full order.
The general article: Domestic violence · Compare with another country
Female genital mutilation
A dedicated 2012 Act with extraterritorial reach, and a specialist clinic offering free treatment.
The Criminal Justice (Female Genital Mutilation) Act 2012 created specific offences of carrying out FGM, removing a girl from the State for that purpose, and assisting a girl to carry it out on herself. The Act applies to acts done abroad where the person is an Irish citizen or ordinarily resident here. A dedicated treatment service provides free medical and psychological care.
Ireland legislated in 2012 with a dedicated Act that criminalises the practice and reaches acts committed abroad by residents. Alongside it sits something practical: a specialist clinic offering free treatment, including for women who arrived in Ireland long after the event. Because the affected population is largely made up of recent arrivals, outreach is done through community organisations rather than through general public campaigns.
Key points
| Statute | Criminal Justice (Female Genital Mutilation) Act 2012 |
|---|---|
| Maximum sentence | Fourteen years |
| Removal offence | Taking a girl out of the State for FGM is a separate offence |
| Extraterritorial | Applies to citizens and ordinary residents |
| Consent | Not a defence |
| Treatment | A dedicated free clinic provides medical and psychological care |
| Asylum | Risk of FGM is recognised as a ground for protection |
In practice
- Contact the dedicated FGM treatment service: care is free and does not require a GP referral.
- If you fear a girl is at risk, contact Tusla, the child and family agency, or the Gardaí.
- Community organisations provide support in the languages of the communities most affected.
- A medical record made before travel can help protect a child.
Cost and coverage
The specialist treatment service is free of charge.
Where to go
- Dedicated FGM treatment service.
- Tusla, the child and family agency.
- AkiDwA and community organisations.
Worth knowing
Consent is not a defence, and neither is the fact that the procedure was lawful where it took place. Both points are written into the 2012 Act.
Frequently asked questions
Is treatment free in Ireland?
Yes. A specialist clinic provides medical care, counselling and, where appropriate, deinfibulation free of charge, and referral does not depend on your immigration status. You can self-refer or be referred by a GP or a community organisation.
Does the law reach acts carried out abroad?
Yes. The 2012 Act covers acts done outside the State by Irish citizens and by people ordinarily resident here, and it does not require the act to be an offence where it took place. Removing a girl from the State for the purpose is also an offence.
The general article: Female genital mutilation · Compare with another country
Sexual offences committed abroad
The Criminal Law (Sexual Offences) Act 2017 provides extraterritorial jurisdiction over child sexual offences.
Irish law provides for extraterritorial jurisdiction over sexual offences against children committed abroad by Irish citizens and by persons ordinarily resident in the State, implementing the Lanzarote Convention and the corresponding EU directive. Sex offender notification requirements include an obligation to notify intended foreign travel.
Ireland's Sexual Offences (Jurisdiction) Act and subsequent legislation allow prosecution of Irish citizens and residents for sexual offences against children committed abroad, and also criminalise transporting a person for that purpose. Convictions bring notification requirements under the sex offenders legislation, including an obligation to notify travel outside the State.
Key points
| Basis | Criminal Law (Sexual Offences) Act 2017 and earlier legislation |
|---|---|
| Who is covered | Irish citizens and persons ordinarily resident in the State |
| Dual criminality | Not required for child sexual offences |
| Register | Notification of intended foreign travel required |
| International framework | Lanzarote Convention and EU directive implemented |
| Reporting | An Garda Síochána, any station |
| Time limits | No limitation period for these offences |
In practice
- Report at any Garda station on return; there is no deadline.
- A witness report does not require certainty or a full identification.
- Keep dates, place names and any photographs: they are what allow an investigation to start.
- Prosecution in Ireland is possible even where the local authorities took no action.
Where to go
- An Garda Síochána, any station.
- Garda National Protective Services Bureau.
- Irish embassy or consulate.
- ISPCC and child protection organisations.
Frequently asked questions
Who can be prosecuted in Ireland?
Irish citizens and people ordinarily resident in the State, for specified sexual offences against children committed anywhere. Transporting or arranging transport for that purpose is a separate offence, which catches organisers as well as principals.
The general article: Sexual offences committed abroad · Compare with another country
General sources
- Citizens Information — official plain-language guide to rights and entitlements
- Irish Statute Book — legislation as enacted