Ms Ellen O'Malley-Dunlop:

I thank the committee for the opportunity to present this morning.

It is crucial to combat and prevent crime, and it is equally important to properly support and protect individuals who are victims of crime in society and who go on to engage with the criminal justice system. Some years ago, the Dublin Rape Crisis Centre and the school of law at Trinity College co-hosted a conference called, "Rape Law - Victims on Trial?", at which, in her opening address, former President Mary McAleese stated that when a victim follows through with their case in the criminal justice system and the perpetrator is found guilty and given the appropriate sentence, that victim has done all of society a service.

The DRCC’s submission to the committee is informed by the experiences of the men and women who access front-line services and also by the research and policy work delivered by the organisation. Dr. Saidléar mentioned the SAVI report, the most comprehensive piece of research ever done on attitudes towards and beliefs about sexual violence in Ireland. We need a second SAVI report as it is out of date. The report told us that 3% of Irish men and 10% of Irish women were victims of rape, the second most serious crime in our Statute Book. Translated into figures, that is 200,000 women and 60,000 men, a phenomenal number for a very serious crime.

Few would deny the far too often devastating effects sexual violence has on those against whom it is perpetrated. Victims of this crime may be affected in many ways, including physically, emotionally, psychologically and financially. They enter the criminal justice system by chance rather than by choice. Indeed, their participation in and co-operation with the system is essential to the prosecution of perpetrators and to law enforcement's efforts to control sexual crimes. Without the victims, it would not be possible to determine the facts of the case or administer justice.

The DRCC broadly welcomes the general scheme of the Criminal Justice (Victims of Crime) Bill 2015. We look forward to its implementation and we hope it will be a force for change, not only for victims of sexual offences but for all victims of crime who engage with the criminal justice system. As all my colleagues have said, it will not be possible to implement this Bill unless the resources are made available. Far too often, we suffer from implementation deficit.

There are a number of key elements which are of particular significance to those who avail of the services of rape crisis centres, which we would like to highlight. For example, head 6 of the Bill requires gardaí to individually assess all victims of crime in order to ascertain whether they need to access the special protection measures set out in head 16 of the Bill. In order to ensure a reliable, consistent and transparent system of assessment, we believe specialist training must be given to those gardaí who engage in this undertaking. The DRCC would like to see specific reference made to victims of crime having the right to access victim support services, as my colleagues have said, similar to the provisions set out in articles 8 and 9 of the EU victims’ rights directive. The DRCC would also like to see specific reference in head 16 of the Bill to the type of testimonial aids that are available to victims. We would suggest that there be a positive obligation on prosecutors to request those special measures pre-trial.

The need for both general and specific training is paramount for all practitioners and professionals who come into contact with victims of crime across the board, and specifically for those who have contact with victims of sexual crimes. We would like to see this reflected in head 20 of the Bill. In particular, training is required to challenge and educate everyone in the criminal justice system on the adverse attitudes towards, myths about and perceptions of victims of sexual crimes which abide in society. This will increase awareness and will go a long way to ensuring that justice is delivered.

We appreciate this opportunity to bring to the committee's attention the aspects of the Bill which we endorse and welcome and those aspects we would like to see changed and-or reinforced.