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OPINION: A question of consent

Dr Susan Leahy (School of Law)  has contributed an article to RTE Brainstorm which discusses her research on sexual offences. She discusses the challenges of proving an absence of consent in rape trials and suggests the introduction of judicial directions to guide jurors in interpreting the new statutory definition of consent which was included in the Criminal Law (Sexual Offences) Act 2017.

“It is clear then that there is much more to the consent issue in rape trials than difficult fact patterns and the high standard of proof beyond reasonable doubt. We must tackle the potential for prejudicial and erroneous attitudes about rape to permeate jury deliberations, compounding the difficulties of proving an absence of consent.”

Read in full:

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