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The circumstances of the case, age of the victim and evidence will decide which legislation will apply.

(That is, assisting another person to commit a rape).In common with rape offences, the maximum sentence for aggravated sexual assault is life imprisonment. A person may be charged with rape, sexual assault, aggravated sexual assault or with one of the specific offences relating to children.The maximum sentence is 10 years imprisonment or 14 years if the victim is aged under 17 years.Aggravated sexual assault is sexual assault involving serious violence or the threat of serious violence.Further information on this duty is set out in our document on Garda clearance for employees.

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The crime of rape may be charged under the Criminal Law (Rape) Act 1981 or the Criminal Law (Rape) (Amendment) Act 1990.

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