Oireachtas Joint and Select Committees

Wednesday, 25 October 2017

Joint Oireachtas Committee on the Eighth Amendment of the Constitution

Termination Arising From Rape: Mr. Tom O'Malley, NUI Galway; Dublin Rape Crisis Centre; and Dr. Maeve Eogan, Rotunda Hospital

1:30 pm

Mr. Tom O'Malley:

I am drawing an analogy. The answer is probably not. However, the Deputy's very pertinent questions show that legislating for this matter would be quite a complicated process and all those factors, including the victims' rights directive, would have to be taken into account. In my paper I referenced some issues that would arise if there were to be a verification process. There would be questions as to how that would link in to a subsequent trial. The Deputy's point about what would happen in the case of an acquittal would also need to be addressed. A law would have to be introduced to grant immunity from prosecution to women in such circumstances. Considerable attention would have to be given to drafting the appropriate law to take into account the various factors that have been mentioned here.

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