Ages of Consent in Europe - Ireland

Ireland

The age of consent in Ireland is 17, and the law does not make exceptions for being close in age or for marriage. {§ 2.1} of the Irish Criminal Law Amendment Act 1935 states "Any person who unlawfully and carnally knows any girl who is of or over the age of fifteen years and under the age of seventeen years shall be guilty of a misdemeanour and shall be liable, in the case of a first conviction of such misdemeanour, to penal servitude for any term not exceeding five years nor less than three years or to imprisonment for any term not exceeding two years or, in the case of a second or any subsequent conviction of such misdemeanour, to any term of penal servitude not exceeding ten years nor less than three years or to imprisonment for any term not exceeding two years." As previously stated, sex with a minor over the age of 15 is a misdemeanor and carries a lower sentence than that for when the minor is below 15, which is a felony, although the punishments were raised in the Criminal Law (Sexual Offences) Act 2006 from a misdemeanor with two years in prison to one with five years in prison. If the victim is below the age of 15 the penalty can be life imprisonment, and consent by the victim is not a defense. Irish law allows a defense to prosecution if a perpetrator honestly believed his victim was over 17 or over 15 in cases of either charges being brought against him. Section 5 of the Criminal Law Sexual Offenses Act 2006 states that Irish female minors under the age of 17 cannot be guilty of any sexual offense, but no such provision exists protecting male minors under 17 years.