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.

Photo of Niamh SmythNiamh Smyth (Cavan-Monaghan, Fianna Fail) | Oireachtas source

I thank our guests for their very compelling evidence, statements and presentations. I would like their feedback on my observations and ask them to perhaps extrapolate a little further. All present have spoken to victims at various points. I was very surprised to hear that a solicitor who is herself a victim but whose legal expertise is not in this particular area found the whole courtroom experience as a victim very off-putting in terms of the language that was used, the workings of a courtroom on the day in terms of when people are giving evidence and the theatre, if one likes, that can often ensue. Although the professionals, that is, the barristers and solicitors who are involved in this area on a daily basis, are used to and aware of that and know the workings of it, what I have garnered from speaking to victims is that it can be another aspect that is re-traumatising and very off-putting. It almost encourages them to just call a halt to the process. What shocked me most was that the person to whom I refer has a legal background.

Senator Ward referred to training for barristers. What was described to me was a disconnect in terms of how that manifests on the day of the courtroom hearing compared with how the victim feels. The courtroom experience serves to create a feeling of isolation and further compounds the trauma the victim has been through. Can we do more in that regard? Deputy Kenny spoke about the idea of video links, while Deputy Howlin spoke about how we can improve the court structure, which might entail physical changes to the building in the context of how a victim gives evidence. We now from feedback from victims that they feel retraumatised. The trauma they have been through is further compounded by their perhaps not being made fully aware of the atmosphere into which they will be stepping or how proceedings happen. Senator Ward stated that training is now taking place for barristers. I would have thought that would have already been in place. Obviously, it was not. How can the committee improve on that for victims? I would like the response of any of our guests who believe they can enlighten us in that regard.

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