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

Dr. Maeve Eogan:

I cannot see how an adjudication process based on some sort of examination that simply does not exist would be feasible. The Garda can detect the crime using the various pieces of evidence it has, including physical evidence and DNA evidence. However, none of those are singularly conclusive. There is no examination that a person could be subjected to, even if it were appropriate to subject them to an examination, that could confidently determine whether rape had occurred. An examination or some sort of adjudication in that way is not appropriate. Again, a disclosure makes it difficult for all the reasons that Ms Blackwell has mentioned.

In terms of whether options two and three would be precluded from being offered if we had some sort of mandatory reporting, it is because of Children First and the Criminal Justice (Withholding of Information on Offences Against Children and Vulnerable Persons) Act 2012 that those options are available only to those over the age of 18. I cannot see how it would be appropriate for us to have mandatory reporting to An Garda Síochána or some other third party before somebody could be approved for termination of pregnancy. Even if there was some bizarre scenario where that existed, I believe that would be separate from us being able to offer these options. We would always aim to offer care, not just for those who wish to engage with the criminal justice system but also for those who are adults and who wish not to.