‘Romeo and Juliet’ law to be used as defence in alleged Kildare rape case

A young woman accused an ex-boyfriend of rape and sexual assault, Naas District Court was told on Thursday, October 20.

The woman claimed that her ex-boyfriend raped her on five different occasions and also sexually assaulted her on a number of dates in 2019.

It was heard that both parties were teenagers when the incidents occurred.

After serving a book of evidence on the accused, gardaí added that some of the alleged incidents happened when the man and woman were a couple, and some happened after they had broken up.

DEFENCE

The man’s solicitor, Tim Kennelly, said that his client was going to pursue the 'Romeo and Juliet' law as a defence.

When Judge Desmond Zaidan asked what he meant by this, Mr Kennelly said that it referred to Section 17, subsection 3 of the Criminal Law (Sexual Offences) Act, 2017, which reads: "Consent on the part of the child provides no defence except in one set of circumstances.

"If the child is aged between 15 and 17 years and actually consents to the sexual act, the accused has a defence if (a) he is younger or less than two years older than the child; (b) was not, at the time of the alleged offence, a person in authority over the child; and (c) was not, at that time, in a relationship with the child that was intimidatory or exploitative of the child."

Judge Zaidan sent the man forward for a trial by jury at the present sittings of the Central Criminal Court.

He granted bail for the man until the case returns for the trial.

The parties cannot be identified due to legal reasons.