Oireachtas Joint and Select Committees
Tuesday, 23 March 2021
Joint Oireachtas Committee on Justice, Defence and Equality
Victims' Testimony in Cases of Rape and Sexual Assault: Discussion.
Martin Kenny (Sligo-Leitrim, Sinn Fein) | Oireachtas source
I thank the witnesses for all the contributions. It was very interesting to read the opening statements prior to today's meeting. It is very clear this issue needs to be dealt with. Most of us have come across people who have had difficulties with the court experience. One of the things I do not think I came across in any of the opening statements is the idea of having somebody there with the victim on the day of the court sitting. People tell me that on many occasions there may be a garda or a couple of gardaí with whom they have been working through the process but that sometimes they are not there. The victims then feel they are lost, they have nowhere to go and they are in unfamiliar surroundings. There could be some practical measure taken to ensure they have somebody who would be with them, coach them, help them and bring them to a safe place when they are not required in the courtroom in order that they know they can have security around all that.
I am interested in the issue of video evidence and video link being used more and how that can be done. With Covid we are all getting more used to all this, and indeed here we are today. I think an awful lot more can be done with these measures.
Another issue I wish to raise relates to the statements that are made. Some of the Garda statements and the initial statements, as we know, are recorded when people go into the interview rooms in Garda stations to make statements. How and in what measure can these statements be brought to bear more on the trial and the process? Cross-examination is the big issue, most people find. When they are in the courtroom and the cross-examination is taking place they get into a really vulnerable state. There is huge trauma around all that. How can that be managed and worked better? I fully accept that in many cases the issue of consent is put forward as the defence. In that context we will find there is at least some level of discussion of previous sexual activity or the relationship the person may have had with the accused in the past. We have to acknowledge there is a person accused as well and that he or she is entitled to make a defence. The key issue here, however, is that the experience of so many people is reflected in the under-reporting of the crime. So few people come forward and report these crimes. We should try to ensure we drive this in such a direction that people can make a difference.
My first question relates to video evidence.
What further actions do we need to take? Are changes required to ensure video links can be used more? Are courtrooms equipped for that? Is it a matter of putting the facilities in place or is it a matter of ensuring we can allow that to happen? Is that something that has discretionary support?
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