New sexual consent definition in Ireland explicitly outlaws having sex with drunk people who have passed out

Law change also protects people with disabilities unable to communicate their wishes

Frances Fitzgerald, Minister for Justice, has received Cabinet backing for the amendment (PA)

The Irish government has approved a new definition of sexual consent that explicitly outlaws having sex with someone who has passed out while drunk.

Frances Fitzgerald, the deputy prime minister, received Cabinet backing on Tuesday for the law change, which also protects people with disabilities who may not be able to communicate their wishes.

Irish law currently states that rape happens when a person has not consented to intercourse or if the perpetrator was reckless as to whether the victim gave consent.

However, courts have been left to create their own definition of what constitutes consent.

Following the meeting, Ms Fitzgerald said the changes would make it clear that a person who is “asleep or unconscious, as a result of intoxication” cannot give consent, and protect anyone “mistaken as to the identity of the other person involved".

The law change will also clarify consent cannot be given by a person being unlawfully detained, or if consent is offered via a third party.

The Bill will increase the penalty for incest by a female to up to life imprisonment, matching the current punishment for incest by a male.

Ms Fitzgerald, who is also Ireland’s Justice Minister, will introduce the new definition through an amendment to the Criminal Law (Sexual Offences) Bill, to be heard in the Dáil next week.