Oireachtas Joint and Select Committees

Wednesday, 21 October 2015

Joint Oireachtas Committee on Justice, Defence and Equality

General Scheme of the Criminal Justice (Victims of Crime) Bill: Discussion

10:00 am

Ms CaitrĂ­ona Gleeson:

I thank the committee for the invitation.

SAFE Ireland is a leading social change agency with expertise in responding to and preventing domestic violence. Today, we have released our annual national one-day census, which outlines the daily reality for 475 women and 301 children in Ireland. In just one day, they sought protection from violence and crimes perpetrated against them by someone who is supposed to love and care for them, that is, a parent or partner.

What we know is that domestic violence destroys lives, families and communities. I acknowledge all the victims of domestic violence throughout the country, including, most tragically and most recently, the late Garda Tony Golden, his wife Nicola, his three young children, his family and colleagues, the woman whose life he was trying to protect, her children and her family, all of whom are victims of crime. Again, we extend our condolences to the Garda Commissioner and her colleagues on the loss of Garda Golden as he performed his duties as a guardian of the peace. May he rest in great natural peace.

Domestic violence comprises a cluster of serious crimes, most of which are covered under our existing criminal codes. The crimes we are talking about include murder, attempted murder, assault causing serious harm, assault causing harm, rape, sexual assault, threats to kill, stalking, harassment, child abuse and many others. Our criminal code, however, does not cover coercive control and psychological violence, nor does it treat the "breach of trust" in an intimate relationship as an aggravating factor. In fact, we have a justice system that often minimises the violence because, as we have seen in the media last week, it is regarded as "only a domestic".

When an offender is reported for committing a crime against his intimate partner, there is strong evidence to suggest he has a history of abusing her and possibly her children, but she is unlikely to be asked about this because we do not have systematic risk and needs assessment protocols in place to address domestic violence. We know that since she is reporting the crime, she is at increased risk of greater and further harm from the perpetrator, but often he is sent home after a night in the cell and, at worst, she is sent home and requested to get a barring order or a solicitor, or both. We know that if there are not sufficient and effective protection, support and deterrent measures put in place, the perpetrator is likely to attempt to harm her severely or even kill her or others, at some time in the immediate future or when the opportunity presents itself to him. All this is when the victim has had the opportunity to break free from his control or she has the confidence to disclose the violence to anyone, be it a family member, friend or a first responder whom she trusts to help, protect and support her.

We know from our research that the criminal "incident" — the alleged crime — that the woman, or victim, reports may just have happened, or could be happening when she escapes from his hold to ring 999, or escapes on foot from her house or when a neighbour intervenes. Alternatively, it may have happened in the recent past. Our justice system's current response is to attempt to address the reported incident, which now becomes a crime against the State, and the woman, as a victim, may be called as a potential witness. Our justice system currently demonstrates a very limited understanding of the protective measures and supports that such women need in order to be safe and to prevent retraumatisation in the criminal justice system. A victim of domestic violence is almost always at risk of further crimes from the same person if his opportunities to further abuse are not curtailed.

The women to whom I am referring are those who have reported crimes to the police, or anyone. We know that 79% of women never tell anyone about serious physical or sexual violence committed by a partner. This means eight out of every ten women in Ireland who have been raped or beaten by their partner have not told anyone.

We know that one in three women in Ireland experiences severe psychological violence from an intimate partner. This is approximately 500,000 women living in Ireland in 2015. Women need expert and dedicated support from our criminal justice system, as well as from specialist support services, in order to sustain their formal complaints throughout the process, in addition to maximising their protection from further exposure to criminality from the offender or accused.

Some important issues, already touched upon by Ms Maria McDonald, have been highlighted by us in the opening statement and submission. We very much welcome the Bill but are very clear that, without effective and significant investment, cultural change and training, it will mean nothing on the ground for the realisation of victims' rights and safety.

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