Which type of penetration is explicitly excluded from s4 of the Criminal Law (Rape) (Amendment) Act 1990?

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 correct answer reflects the specific provisions of Section 4 of the Criminal Law (Rape) (Amendment) Act 1990, which outlines what constitutes rape in Irish law. This section explicitly refers to penetration that is intended to be restricted under the legal definition, thereby excluding certain types of acts from being categorized as rape.

Digital penetration of the anus is notably excluded in this context, which means that if such an act occurs without the consent of the person, it does not fall under the legal definition of rape as laid out in this specific section. This exclusion is rooted in legal definitions and categorization of sexual offenses, which aim to clarify what is included within the crime of rape and what may be considered other sexual offenses.

The other types of penetration mentioned, such as digital penetration of the vagina, penetration of the anus with an object, and penetration of the mouth by the penis, are included within the legislative context of the Act, thus affirming their categorization as acts of rape when occurring without consent. Understanding these nuances is essential for interpreting the application of law pertaining to sexual offenses in Ireland.

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