Criminal Law (Sexual Offences) Act 2006

Criminal Law (Sexual Offences) Act 2006 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 2006 Criminal Law (Sexual Offences) Act 2006 Criminal Law (Sexual Offences) Act 2006 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Revised Act Acht Athbh… Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 15 of 2006 CRIMINAL LAW (SEXUAL OFFENCES) ACT 2006 ARRANGEMENT OF SECTIONS Section 1. Definitions. 2. Defilement of child under 15 years of age. 3. Defilement of child under the age of 17 years. 4. Summary trial of offences. 5. Female child under 17 years of age not guilty of offence. 6. Application of certain enactments. 7. Amendment of certain enactments. 8. Repeals. 9. Short title. SCHEDULE Enactments Repealed Acts Referred to Bail Act 1997 1997, No. 16 Children Act 2001 2001, No. 24 Criminal Evidence Act 1992 1992, No. 12 Criminal Law (Rape) (Amendment) Act 1990 1990, No. 32 Criminal Law (Rape) Act 1981 1981, No. 10 Criminal Law (Sexual Offences) Act 1993 1993, No. 20 Criminal Law Act 1997 1997, No. 14 Criminal Law Amendment Act 1935 1935, No. 6 Sex Offenders Act 2001 2001, No. 18 Sexual Offences (Jurisdiction) Act 1996 1996, No. 38 Number 15 of 2006 CRIMINAL LAW (SEXUAL OFFENCES) ACT 2006 AN ACT TO PROVIDE FOR OFFENCES IN RELATION TO THE COMMISSION OF SEXUAL ACTS WITH CHILDREN UNDER THE AGE OF 17 YEARS; AND TO PROVIDE FOR MATTERS CONNECTED THEREWITH. [2nd June, 2006] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: Definitions. 1.— In this Act— “ Act of 1981 ” means the Criminal Law (Rape) Act 1981 ; “Act of 1990” means the Criminal Law (Rape) (Amendment) Act 1990 ; “person in authority” means— (a) a parent, step-parent, guardian, grandparent, uncle or aunt of the victim, (b) any person who is, for the time being, in loco parentis to the victim, or (c) any person who is, for the time being, responsible for the education, supervision or welfare of the victim; “sexual act” means— (a) an act consisting of— (i) sexual intercourse, or (ii) buggery, between persons who are not married to each other, or (b) an act described in section 3(1) or 4(1) of the Act of 1990; “sexual intercourse” shall be construed in accordance with section 1(2) of the Act of 1981. Defilement of child under 15 years of age. 2.— (1) Any person who engages in a sexual act with a child who is under the age of 15 years shall be guilty of an offence and shall be liable on conviction on indictment to imprisonment for life or a lesser term of imprisonment. (2) Any person who attempts to engage in a sexual act with a child who is under the age of 15 years shall be guilty of an offence and shall be liable on conviction on indictment to imprisonment for life or a lesser term of imprisonment. (3) It shall be a defence to proceedings for an offence under this section for the defendant to prove that he or she honestly believed that, at the time of the alleged commission of the offence, the child against whom the offence is alleged to have been committed had attained the age of 15 years. (4) Where, in proceedings for an offence under this section, it falls to the court to consider whether the defendant honestly believed that, at the time of the alleged commission of the offence, the child against whom the offence is alleged to have been committed had attained the age of 15 years, the court shall have regard to the presence or absence of reasonable grounds for the defendant’s so believing and all other relevant circumstances. (5) It shall not be a defence to proceedings for an offence under this section for the defendant to prove that the child against whom the offence is alleged to have been committed consented to the sexual act of which the offence consisted. Defilement of child under the age of 17 years. 3.— (1) Any person who engages in a sexual act with a child who is under the age of 17 years shall be guilty of an offence and shall, subject to subsection (3), be liable on conviction on indictment— (a) to imprisonment for a term not exceeding 5 years, or (b) if he or she is a person in authority, to imprisonment for a term not exceeding 10 years. (2) Any person who attempts to engage in a sexual act with a child who is under the age of 17 years shall be guilty of an offence and shall, subject to subsection (4) be liable on conviction on indictment— (a) to imprisonment for a term not exceeding 2 years, or (b) if he or she is a person in authority, to imprisonment for a term not exceeding 4 years. (3) A person who has been convicted of an offence under subsection (1) shall, in respect of any subsequent conviction of an offence under that subsection, be liable on conviction on indictment— (a) to imprisonment for a term not exceeding 10 years, or (b) if he or she is a person in authority, to imprisonment for a term not exceeding 15 years. (4) A person who has been convicted of an offence under subsection (2) shall, in respect of any subsequent conviction of an offence under that subsection be liable on conviction on indictment— (a) to imprisonment for a term not exceeding 4 years, or (b) if he or she is a person in authority, to imprisonment for a term not exceeding 7 years. (5) It shall be a defence to proceedings for an offence under this section for the defendant to prove that he or she honestly believed that, at the time of the alleged commission of the offence, the child against whom the offence is alleged to have been committed had attained the age of 17 years. (6) Where, in proceedings for an offence under this section, it falls to the court to consider whether the defendant honestly believed that, at the time of the alleged commission of the offence, the child against whom the offence is alleged to have been committed had attained the age of 17 years, the court shall have regard to the presence or absence of reasonable grounds for the defendant’s so believing and all other relevant circumstances. (7) It shall not be a defence to proceedings for an offence under this section for the defendant to prove that the child against whom the offence is alleged to have been committed consented to the sexual act of which the offence consisted. (8) An offence under subsection (2) shall be an arrestable offence for the purposes of the Criminal Law Act 1997 . (9) No proceedings for an offence under this section against a child under the age of 17 years shall be brought except by, or with the consent of, the Director of Public Prosecutions. (10) A person who— (a) has been convicted of an offence under this section, and (b) is not more than 24 months older than the child under the age of 17 years with whom he or she engaged or attempted to engage in a sexual act, shall not be subject to the provisions of the Sex Offenders Act 2001 . Summary trial of offences. 4.— (1) The District Court may try summarily a person charged with an offence under section 2 (2) or 3 (2) if— (a) the court is of opinion that the facts alleged constitute a minor offence fit to be tried summarily, (b) the accused, on being informed by the court of his or her right to be tried with a jury, does not object to being tried summarily for the offence, and (c) the Director of Public Prosecutions consents to the accused being tried summarily for the offence. (2) Upon conviction of a person by the District Court of an offence under this section, the person shall be liable to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 12 months or to both. Female child under 17 years of age not guilty of offence. 5.— A female child under the age of 17 years shall not be guilty of an offence under this Act by reason only of her engaging in an act of sexual intercourse. Application of certain enactments. 6.— (1) Sections 3 and 4 of the Act of 1981 shall apply in relation to an offence under this Act subject to the modification that references in those sections to “ sexual assault offence” shall be construed as including references to an offence under this Act. (2) Section 4A of the Act of 1981 is amended, in subsection (6), by the insertion after “rape offence” of “, an offence under the Criminal Law (Sexual Offences) Act 2006”. (3) Sections 6, 7 and 8 of the Act of 1981 shall apply in relation to an offence under this Act subject to the modification that references in those sections to— (a) “ sexual assault offence ” shall be construed as including references to an offence under this Act, and (b) “ rape offence ” shall be construed as including references to an offence under this Act. Amendment of certain enactments. 7.— (1) Section 8 of the Act of 1990 is amended— (a) in subsection (2), by the substitution of “ section 2 or 3 of the Criminal Law (Sexual Offences) Act 2006” for “section 1 or 2 of the Criminal Law Amendment Act 1935 ”, and (b) in subsection (5), by— (i) the substitution of “ section 2 of the Criminal Law (Sexual Offences) Act 2006” for “ section 1 of the Criminal Law Amendment Act 1935 ”, (ii) the substitution of “ section 3 of the Criminal Law (Sexual Offences) Act 2006” for “ section 2 of the Criminal Law Amendment Act 1935 ”, and (iii) the substitution of “the said section 3 or section 3 of the Criminal Law (Sexual Offences) Act 2006,” for “the said section 2 or 3”. (2) Section 2 of the Criminal Evidence Act 1992 is amended, in the definition of “sexual offence”, by the substitution of the following paragraph for paragraph (iv): “(iv) the Criminal Law (Sexual Offences) Act 2006 or section 5 of the Criminal Law (Sexual Offences) Act 1993 ;”. (3) The Schedule to the Sexual Offences (Jurisdiction) Act 1996 is amended by— (a) the substitution of the following paragraph for paragraph 1: “1. Criminal Law (Sexual Offences) Act 2006.”, and (b) the deletion of paragraphs 2, 7 and 8. (4) The Schedule to the Bail Act 1997 is amended by the substitution of the following paragraph for paragraph 10: “10. An offence under the Criminal Law (Sexual Offences) Act 2006.”. (5) The Schedule to the Sex Offenders Act 2001 is amended by— (a) the substitution of the following paragraph for paragraph 7: “7. An offence under the Criminal Law (Sexual Offences) Act 2006.”, and (b) the deletion of paragraph 8. (6) Schedule 1 to the Children Act 2001 is amended by the substitution of the following paragraph for paragraph 4: “4. Any offence under the Criminal Law (Sexual Offences) Act 2006.”. Repeals. 8.— The enactments specified in the Schedule are repealed to the extent specified in column (3) thereof. Short title. 9.— This Act may be cited as the Criminal Law (Sexual Offences) Act 2006. SCHEDULE Enactments Repealed Number and Year Short title Extent of Repeal (1) (2) (3) No. 6 of 1935 Criminal Law Amendment Act 1935 Sections 1(2) and 2 No. 20 of 1993 Criminal Law (Sexual Offences) Act 1993 Sections 3 and 4 Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais