Government expected to legislate on ‘honest belief’ defence in rape cases

Government expected to legislate on 'honest belief' defence in rape cases

Ministers are set to legislate to remove the so-called “honest belief” defence in rape trials, according to reports.

The Law Reform Commission recommended a change to the existing law, set out in section 2 of the Criminal Law (Rape) Act 1981, in a report published in 2018.

The Department of Justice and the Office of the Attorney General are now working to progress the recommendation, according to The Irish Times.

Dublin Rape Crisis Centre (DRCC) has welcomed the news as a “significant and necessary reform that aligns Irish law with international standards and reflects a victim-centred focus”.

“We raised the status of the legislation at a meeting with minister for justice Jim O’Callaghan TD in early June 2025 and are pleased to see that he has acted swiftly and is at an advanced stage of discussions with the Attorney General,” the charity said.

It added: “This reform will ensure that any belief in consent must be objectively reasonable, rather than based on subjective beliefs. It is a crucial step in strengthening protections for survivors and ensuring that perpetrators are held accountable for their actions.

“The passage of this legislation cannot come soon enough and we remain committed to working with all stakeholders to create a justice system that truly supports and protects survivors of sexual violence.”

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