The legal framework
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| Withdrawal | Consent may be withdrawn at any time |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
- Report to the police at any station; you do not have to decide immediately whether to pursue a prosecution.
- A forensic medical examination can usually be carried out and stored before any decision to report.
- Specialist support services can attend with you and explain each step.
- Ask for written confirmation of any examination and of the report reference.
- 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.
Official sources and links
- Citizens Information — official plain-language guide to rights and entitlements
- Irish Statute Book — legislation as enacted