Oireachtas Joint and Select Committees
Wednesday, 25 October 2017
Joint Oireachtas Committee on the Eighth Amendment of the Constitution
Termination Arising From Rape: Mr. Tom O'Malley, NUI Galway; Dublin Rape Crisis Centre; and Dr. Maeve Eogan, Rotunda Hospital
1:30 pm
Mr. Tom O'Malley:
The Deputy is right. I am not making a suggestion one way or the other but if one went down that route, that would not be necessary. There could be all kinds of dangers involved, for example, if the person who was named decided to take a civil action for defamation against the woman who made the allegation, which would be entirely possible. If such a system were introduced, serious consideration would have to be given to giving a qualified privilege to a woman if she was going to name the alleged perpetrator. That would be one of the issues that would have to be taken into account and, therefore, it may well be that there would have to be a system whereby the focus of the inquiry in those circumstances, whether on the basis of the information that the women has given to the police or a doctor or whomever is, as they put it in other jurisdictions, provides serious indications that she has been raped but without necessarily mentioning the person in question. That is a possibility at least.