Dr. Cl?ona Saidl?ar:

I thank the committee for its invitation to Rape Crisis Network Ireland. As ever, we are delighted to be here.

I will focus on the four main recommendations we made in our earlier written submission. The first deals with the criteria applied for victims to qualify for legal aid, namely, the specific crimes to which the enacted Act will apply. Second, our research points to the barrier facing most victims, which is resources. We are advocating for victims not to be subject to means-testing. Last, we are calling for clarity on when and how victims will be able to access the legal aid services proposed.

The provision of legal advice for victims of sexual crime is a crucial step in supporting survivors. As members know, it is essential to deliver a more survivor-centred justice service that will improve the experiences of victims as they engage with the criminal justice system. The quality of this engagement directly affects rates of attrition. While not considered an equal participant in the legal process, the central role of the victim means they require supports and protections of their rights. The intimate nature of these crimes, which is recognised in Supporting a Victim's Journey, combined with the associated rape myths and victim blaming, makes many victims reluctant to make and sustain a criminal complaint.

RCNI is calling for access to independent legal advice from an early stage and throughout the criminal process. This legal advice can empower victims to engage with and withstand the often re-traumatising impact of the criminal justice process.

Our first recommendation, like our sister network Safe Ireland, focuses on head 47. Rather than attempting to compile an extensive and exhaustive list of every possible crime that should be included for legal aid, a more generalised definition covering all harms of this nature should be applied. This will mitigate the possibility of some crimes being excluded and further avoid the need for constant amendments to this legislation in the future. We are advocating for the replacement of head 47, paragraph 3A (a) to (k) with a broader definition that is harm-led, as opposed to the specifics of the crimes that are already enacted. Essentially, that is "all crimes containing, related to or containing elements of rape, sexual assault", and then the list.

In our second recommendation, we submit that this Bill must clearly and unequivocally confirm that victims of sexual offences will not be required to comply with a means test, nor will they be required to make contributions to access legal aid services for sexual offences. While this is discussed in detail in Chapter 6 regarding "specified persons", no mention is made of provision for victims.

The third recommendation is, again, around clarity on what we think is already the spirit of the legislation, which is that victims should be given the opportunity to access legal advice directly through the Legal Aid Board or a suitable facilitator before any engagement with An Garda Síochána and the Director of Public Prosecutions, DPP, is considered, if they so choose. Paragraph 3A alludes to legal advice being available at any time before a complaint is made and whether or not a complaint is made but it is unclear as to how this could be accessed.

The last recommendation is that legal advice should be available to victims throughout the legal process, including the trial. Again, the provision for legal advice throughout the process is not specifically provided for in the wording of the head.