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Question regarding sexual consent of Irish citizens abrod or foreign citizens in ROI

Crock Rock · 2019-04-22 13:09:07

Imagine a scenario where a 17-year-old boy is in a relationship (non-sexual) with a 16-year-old girl. They go to the UK where the age of consent is 16 and have sex. Upon return to Ireland can the girl say she was raped? A UK couple, a 17-year-old boy and a 16-year-old girl (age of consent in the UK is 16) are engaging in…

22-04-2019 1:09pm

#1

Crock Rock

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Imagine a scenario where a 17-year-old boy is in a relationship (non-sexual) with a 16-year-old girl. They go to the UK where the age of consent is 16 and have sex. Upon return to Ireland can the girl say she was raped?

A UK couple, a 17-year-old boy and a 16-year-old girl (age of consent in the UK is 16) are engaging in consensual, legal sex in the UK. They come on holiday to Ireland and have consensual sex. Can the girl say she was raped when she returns to the UK seeing as the age of consent is lower in the UK? Would the 17-year-old boy have to be extradited to the UK?

If an Irish couple, one aged 18 and one aged 17 travel to India on holiday, where the age of consent is 18. If they engage in consensual sex there, can the 27-year-old say they were raped in India?

What if a married couple in their 20's travel to a country were marital rape is NOT a crime.
The list of countries can be found here:
https://en.wikipedia.org/wiki/Marital_rape#Legislation_by_country
Suppose an Irish couple travel to one of these countries, and one of the couple rapes the other, can proceedings be brought upon the person upon return to Ireland? If so, how could the Irish judiciary punish them?
Does Irish law apply to all Irish citizens abroad even if that contradicts local laws? Surprisingly, some of these countries where spousal rape is not punished are frequented by Western tourists.

All of the above are obviously hypothetical and don't apply to me. I'm just curious about the workings of the law here.

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#2 22-04-2019 1:53pm

Credit Checker Moose

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In general Irish laws do not apply abroad.

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#3 22-04-2019 2:45pm

CIARAN_BOYLE

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Some countries have a principle of exrrateritoriality for certain crimes which means those crimes are punishable under their law no matter where they occur.

France for example has it in relation to murder.

Ireland has it in some respects but not for others. Treason I think is one of the few.

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#4 22-04-2019 3:13pm

GM228

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CIARAN_BOYLE wrote: »

Some countries have a principle of exrrateritoriality for certain crimes which means those crimes are punishable under their law no matter where they occur.

France for example has it in relation to murder.

France exercises extra territorial jurisdiction in relation to ALL crimes abroad committed by a French citizen, or by a foreign citizen against a French citizen.

CIARAN_BOYLE wrote: »

Ireland has it in some respects but not for others. Treason I think is one of the few.

Correct, see these threads:-

https://www.boards.ie/vbulletin/showthread.php?t=2057894302

https://www.boards.ie/vbulletin/showthread.php?p=102154763

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#5 23-04-2019 9:31am

Mr. Incognito

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In practice the jurisdication in which she makes the complaint will apply their own law to the investigation

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#6 23-04-2019 10:04am

Donald Trump

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I seem to recall that people can now be done for sex tourism where they go off to one of these places with rife exploitation of kids. (And proper order that they can get done for it!). If you go off to one of these poor countries and get yourself a 15 year old "girlfriend" for two weeks then hopefully you would get caught and prosecuted for it. If that's what you are getting at.

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