{"id":11852,"date":"2018-07-27T05:57:38","date_gmt":"2018-07-27T09:57:38","guid":{"rendered":"http:\/\/worldjusticenews.com\/news\/?p=11852"},"modified":"2018-07-27T05:57:38","modified_gmt":"2018-07-27T09:57:38","slug":"new-crime-of-gross-negligence-rape-is-put-forward","status":"publish","type":"post","link":"https:\/\/worldjusticenews.com\/news\/2018\/07\/27\/new-crime-of-gross-negligence-rape-is-put-forward\/","title":{"rendered":"New crime of \u2018gross negligence rape\u2019 is put forward"},"content":{"rendered":"

A new rape law in Ireland to deal with cases where a man has wrongfully, but honestly, believed that consent had been given has been suggested in a report today from the\u00a0Law Reform Commission<\/a>.<\/p>\n

Under current law, for a man to be found guilty of rape he has to have known that he was having sex with a woman without her consent, or have been reckless as to whether she had given consent.<\/p>\n

In a lengthy document dealing with rape and the defence of \u201chonest belief\u201d, the commission has asked if there should be a new law which would be less serious than rape and might be called \u201cgross negligence rape\u201d.<\/p>\n

The new law would address cases where a man had an honest but unreasonable belief that a woman had consented to sexual intercourse.<\/p>\n

\u201cNeedless to say, he would not be guilty of either rape or the lesser offence if his belief was found to have been reasonable,\u201d the commission says in its issues paper.<\/p>\n

A disadvantage with the new law might be that people who should have been charged or convicted of rape would end up being charged or convicted with the new lesser charge.<\/p>\n