§ Lord MELCHETT rose to move, That the draft Sexual Offences (Northern Ireland) Order 1978, laid before the House on 15th February, be approved. The noble Lord said: My Lords, this order will implement in Northern Ireland various changes in the law on rape which have already been made in England and Wales by the Sexual Offences (Amendment) Act 1976. The main effects of changes proposed in the order will be, first, to ensure that rape victims are treated with more humanity under the legal process; and, secondly, to provide for some much-needed clarification of the law.
§ Article 3 of the order provides a statutory definition of rape which emphasises that lack of consent, rather than violence, is the main defining characteristic of rape. The order also provides that a jury must not only consider whether the man believed the woman to be consenting, but also, in considering that point, must have regard to whether that belief was reasonable.
1012§ Articles 4 and 5 of the order seek to reduce the extent to which the defence may introduce evidence about a woman's sexual history with men other than the accused. As in England and Wales, the trial judge will have discretion to permit the introduction of such evidence where it would be unfair to the defendant to exclude it. Article 6 provides for anonymity of both complainant and defendant, and once again safeguards exist in that the trial judge may lift these restrictions if the defence might otherwise be prejudiced. Article 8 provides that exceptional circumstances apart, the defendant's name can be reported only after conviction. My Lords, this order is an important extension of existing criminal law in England and Wales to Northern Ireland I beg to move.
§ Moved, That the draft Sexual Offences (Northern Ireland) Order 1978, laid before the House on 15th February, be approved. —(Lord Melchett.)
§ On Question, Motion agreed to.