Oireachtas Joint and Select Committees

Wednesday, 4 October 2017

Joint Oireachtas Committee on the Eighth Amendment of the Constitution

Eighth Amendment of the Constitution: Constitutional Issues Arising from the Citizens Assembly Recommendations

1:30 pm

Professor Siobhán Mullally:

As was heard at the Citizens' Assembly and elsewhere, a situation can arise where rape as a specific indication or ground can impose an onerous burden on a woman or girl, given the additional procedures or requirements and questions as to who makes that decision, on whom does the burden of proof lie and at what point can the decision be made. In any framework that is developed, we are concerned to ensure that there should not be any revictimisation - any repeat of trauma - for a woman or girl and there should be effective access to a timely procedure. It can take up to two years for rape proceedings to come to court, which needs to be borne in mind in the context of reflecting on the legislative and regulatory framework that may be put in place.