The Cornell University gang rape case has highlighted some glaring omissions in our legal system around the crime of rape.

The Cornell campus police and the county district attorneys’ office failed to pursue any criminal charges against the fraternity brothers who participated in the rape of a woman who was admittedly intoxicated. Under New York law voluntary intoxication can be used as a defense against rape.

Not so under the Brehon Laws. Two types of rape were recognized under the law: “forcor,” was forcible rape, and “sleth,” was sexual intercourse, without effective consent. To have effective consent, the alleged rapist would have to show that the woman was fully conscious, competent, and expressing a willingness to engage in sex. The burden was on him, not her. Taking advantage of a drunken woman was not allowed, and constituted the crime of sleth.