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  • Title: Criminal Law (Rape) (Amendment) Act 1990 [18 December 1990].
    Author: Ireland.
    Journal: Jinko Mondai Kenkyu; 1990 Dec 26; (24):32(1)-27). PubMed ID: 12155046.
    Abstract:
    The Irish Criminal Law (Rape) (Amendment) Act, 1990 and the Criminal Law (Rape) Act, 1981 may be cited together as the Criminal Law (Rape) Acts, 1981 and 1990 and shall be construed together. The 1990 Act provides the following: A gender neutral, broader definition of rape, to include sexual assault other than penile penetration, and other than vaginally, to include oral and anal sex, and the use of objects to violate the vagina; the criminalization of rape within marriage; the removal of the presumption of incapacity in relation to boys under 14 years, and the removal of a minimum age requirement; the inadmissibility of past sexual history of the accuser as being irrelevant to a rape case; the failure or omission by the accuser to offer resistance to the act does not of itself constitute consent to the act; the separate legal representation of complainants with state funding; the holding of trials in camera (without the public); the anonymity of the complainant always being assured; many offenses currently being defined as indecent assault to come within the board definition of rape, equalizing penalties; juries to comprise a balance of the sexes, 6 women and 6 men; rape cases will never be heard at district court level; and no longer is a warning to the jury automatically given about the danger of convicting the accused on uncorroborated evidence, henceforth, the judge will determine case by case whether to include the warning.
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