Ms Caroline Counihan:

Rape Crisis Network Ireland puts the needs of survivors at the core of all its activities in order to provide the best possible response. It is our contention that in order to reduce attrition rates, improvements in victims' experiences are vital for the justice system. Given the remit of this committee, we will focus today on the engagement of rape victims with the justice system. It is clear that if there is to be a credible Government response to the pervasiveness of sexual violence, there will have to be a much broader focus than a concentration on the justice system. Approximately 30% of rape crisis survivors decide to make a formal complaint to An Garda Síochána. By working side by side with these survivors, we build our knowledge about the positive changes that would enable more survivors of rape and other crimes of sexual violence to make and maintain complaints. Some of the relevant services we provide to survivors include specialist accompaniment services from trained volunteers who accompany survivors to sexual assault treatment units, Garda appointments and court proceedings. Rape Crisis Network Ireland provides legal information on its help website and has published a guide to the legal process for survivors. Legal advice and support are made available to survivors, staff and volunteers from the network's legal director.
The experiences of our clients as they go through the criminal justice system inform and direct us in our legal advocacy work. We have published a number of detailed policy papers and submissions on various legal topics. If the criminal justice system experience becomes less daunting for survivors, attrition rates are likely to fall. As a consequence, reporting and - eventually - conviction rates will rise. This is important from a prevention or public policy viewpoint. The need to reduce, as far as possible, the risk that survivors will be retraumatised as they progress through the criminal justice process is at least as important. Organisations involved in the rape crisis sector, including Rape Crisis Network Ireland, the Dublin Rape Crisis Centre, Ruhama and the National Disability Authority, have been campaigning for over 40 years for the reform of the justice system as it relates to sexual violence.

The Dublin Rape Crisis Centre, Ruhama and the National Disability Authority, to name three organisations present at the meeting, have been campaigning for over 40 years on reform of the justice system for dealing with sexual violence. It is very welcome that the committee has focused on this issue as, unfortunately, much remains to be done.

I will explain the principal recommendations, beginning with legal changes. I have divided the changes into pre-trial, at-trial and post-trial procedures. Bail granted before conviction should always be subject to stringent conditions and breach of bail should be dealt with promptly and severely if proved. Pre-trial hearings and active case management before and during trials should be the norm to avoid delay and uncertainty as far as possible for complainants and others. Disclosure of counselling records should be regulated by statute and ruled upon by judges. The law on evidence of other sexual experience should be clarified by statutory change and-or more detailed rules, both before and during trial. Survivors reporting sexual violence crimes to the Garda Síochána should be given both general information about their role and the process and specific information on their own case. Survivors should be protected from unnecessarily oppressive, prolonged, or repeated questioning during investigation. Survivors should have the right to be accompanied to a Garda interview and to court, unless, exceptionally, there are very good reasons why that should not be allowed in a particular case. The DPP should give reasons to the survivor when it is decided not to prosecute.

With regard to substantive law we recommend that existing provisions on sexual crimes against those with intellectual disabilities should be overhauled. Specific offences of grooming, voyeurism and unlawful sexual activity by someone in a position of trust or authority, should be enacted. Honest belief in consent or age of complainant should be honest and reasonable and there should be a positive definition of consent to sexual activity.

I will speak briefly about our recommendations for at-trial procedure. Special measures should be made available to all complainants as of right. Personal cross-examination of the complainant by the accused should not be allowed. Evidence of demeanour and dress should not be allowed in relation to victims of child sexual violence, whatever their age. Case management rules should empower judges to curtail unnecessarily oppressive and-or prolonged cross-examination of complainants. Sentencing should be as transparent and consistent as possible, in accordance with agreed guidelines and should reflect fully the gravity of the offence and its impacts.