What is "section 4 rape"?
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The criminal offence of Section 4 Rape, also known as “rape under section 4”, involves a sexual assault which includes either penetration of the anus or mouth by the penis or penetration of the vagina with an object.This is a serious offence and the maximum sentence is life imprisonment.All Section 4 Rape cases are dealt with by the Central Criminal Court, although the book of evidence is initially served in the District Court.
In a prosecution of a Section 4 Rape case, it is necessary for the prosecution to prove beyond a reasonable doubt that the complainant did not consent and that the accused person knew they were not consenting or was reckless as to whether they were consenting or not.
The definition of Section 4 Rape does not include digital rape, as it only prohibits penetration of the vagina with an object during a sexual assault, not penetration with fingers. So-called digital rape is generally charged as sexual assault or aggravated sexual assault.
Section 4 Rape is an offence pursuant to Section 4 of the Criminal Law (Rape) (Amendment) Act 1990, which provides:
“(1) In this Act “rape under section 4” means a sexual assault that includes—
(a) penetration (however slight) of the anus or mouth by the penis, or
(b) penetration (however slight) of the vagina by any object held or manipulated by another person.
(2) A person guilty of rape under section 4 shall be liable on conviction on indictment to imprisonment for life.”
IF YOU HAVE BEEN ACCUSED OF A SERIOUS CRIMINAL CHARGE CALL US IMMEDIATELY ON OUR 24 HOUR MOBILE NUMBER (086) 8386296.
Our Legal Services
We practice exclusively in criminal defence in areas of serious and "white collar" crime such as:
-Murder and Manslaughter
-Sexual Offences including rape, section 4 rape, sexual assault and child pornography offences
-Fraud and "white collar crime"
We provide a full criminal defence service including initial consultation, attending Garda Station interviews and conducting a full trial defence.
We are happy to provide advice over the telephone and in Garda stations. We provide a 24-hour emergency service: call us on 0868386296
We do not generally act in relation to minor criminal offences such as shoplifting or road traffic offences. We also do not practice in non-criminal areas of law such as property transactions or employment law. Our focus is on criminal defence in relation to serious and "white collar" crime.
Our Legal Experience
We have extensive experience in acting for clients accused of serious crimes, including those accused of Section 4 Rape.
Recent cases include:
-A 14 day trial in the Central Criminal Court representing a client charged with Section 4 Rape
-A 10 day trial in the Central Criminal Court representing a client charged with aggravated sexual assault