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.
Ms Deirdre Kenny:
The Deputy's observations are absolutely correct. Our experience and that of our clients is just as she described. The procedures take over in a courtroom and the victim is often forgotten in that scenario. They walk into something quite alien. The experience of sexual violence is a very personal one.
Then, suddenly, they are being spoken of in the third person in the context of the intimate and traumatic experiences they have had and all of this is spoken about in a way they are not familiar with. That is why we recommend an impact assessment is done on how those procedures play out and the impact on the witnesses we are asking to take part in the process.
Again, language is so important and powerful. There is the whole construct of legalese and this can often be off-putting for someone. Language is often used as a device as well. Sometimes a silence, a tone or a certain approach can trigger a traumatic response that people are not expecting. My experience of working with survivors in court is that they get that the law will do its thing but they are quite taken aback by the inhumane approach. That is not to make it personal for the professionals involved. It is simply that the system takes over and they are not really at the centre of that. Ms Counihan and others have commented on how we really need to focus on their well-being in this. We want to get the best from them. If we are to increase positive outcomes in these situations, we really need to focus on how we can bring the law and the trauma together in a more humane way. That can certainly be done. While I have highlighted some of the negative things our clients have talked about, there have been positive experiences in courtrooms for them as well. This is often because the personnel involved have been very gentle and have approached them in a way that is compassionate. There is certainly a way to do this but we need to give it focus and resources.
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