What does the Criminal Law Amendment Act 1935 state regarding sexual offences against people under 15?

Prepare for the Irish Criminal Law King's Inns Entrance Test with detailed questions and answers. Master Irish criminal legal concepts and improve your exam strategy. Enhance your readiness for success!

The Criminal Law Amendment Act 1935 addresses the issue of sexual offences against individuals under the age of 15 in a clear manner. Specifically, it establishes that consent is not a valid defense in cases of sexual assault involving minors. This reflects a legal stance that prioritizes the protection of children and recognizes that individuals under this age are not capable of giving informed consent to sexual activity.

By stating that proving consent is not a defense, the legislation acknowledges that minors are particularly vulnerable and cannot be considered to have the capacity to consent legally to sexual acts. This reinforces the notion that any sexual act with a minor is inherently exploitative, regardless of circumstances that might suggest the minor appeared willing or capable of consenting.

The other options are inaccurate in their interpretations of the law. For instance, consent being deemed valid if sexual maturity is established contradicts the fundamental principle of the 1935 Act. Additionally, the responsibility of proving consent resting on the accused is not applicable, as consent is irrelevant in cases involving those under the age of 15. Lastly, the notion that an accused cannot be charged if the act is deemed non-violent overlooks the serious nature of sexual offences against minors, which the Act unequivocally categorizes as criminal regardless of the perceived violence.

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