Michael McDowell (Dublin South East, Progressive Democrats)

The recently published provisional headline crime statistics for 2004 show that sexual offences generally decreased by 17%, or 329 cases, compared with 2003. I am glad to note a decrease of 28%, or 403 cases, in sexual assault. I am of course concerned to note an increase in the number of cases of rape of a female and rape under section 4 of the Criminal Law (Rape) (Amendment) Act 1990.

I assure the Deputy that any incident of rape or sexual assault reported to the Garda Síochána is fully investigated and that, subsequently, a file is forwarded to the Director of Public Prosecutions for direction as to whether a prosecution should proceed.

As I previously outlined to the House, there is a very high attrition rate in rape cases in Ireland, and a large number of cases reported to the gardaí do not reach the prosecution stage for a variety of reasons. I am sure the Deputy will appreciate that decisions regarding the number of offences reported to and investigated by the Garda which proceed to the courts are a matter for the Director of Public Prosecutions. As the Deputy is aware, the Director of Public Prosecutions is statutorily independent in the performance of his functions, and it would, therefore, be inappropriate for me to comment on his decisions.

Regarding the measures which the Department of Justice, Equality and Law Reform can take, it has provided joint funding for comprehensive research into attrition rates in rape cases. The research, which is entitled The Understanding of Attrition, Early Withdrawal, the Trial Process and Identifying Possible Changes to Support Complainants in Rape Cases, is being carried out by the department of law at the National University of Ireland, Galway, and the Rape Crisis Network Ireland. The research commenced in 2003 and is expected to be completed next year.

That research should, I hope, provide greater understanding as to why some victims choose not to report cases to the Garda, what can be done about under-reporting and why, of the cases that are reported, only a relatively small percentage result in a court hearing. Regarding any need the victim might have for legal advice, as the Deputy knows, the Legal Aid Board offers legal advice and, in certain circumstances, representation to complainants in cases of rape or serious sexual assault. In addition, the Department of Justice, Equality and Law Reform has provided funding to the Rape Crisis Network for work of that nature.

Regarding the matter of separate legal representation and a right of audience for victims, the Sex Offenders Act 2001 provides for separate legal representation for complainants in cases of rape and serious sexual assault where an application is made to the court in the course of a trial to adduce evidence or cross-examine the complainant on past sexual history. Any such application is made in the absence of the jury.

Additional information not given on the floor of the House.

That provision represents a serious effort to allay some of the concerns of complainants in rape trials without breaching the fundamental principle of an accused's right to a fair trial. The legal advice available to my Department when the 2001 Act was being prepared was that full separate legal representation in the presence of the jury would, in the words of the Law Reform Commission in its Report on Rape — LRC 24 — 1988 — deprive the accused of "the long standing benefits of a criminal trial conducted in 'due course of law'".

Section 5 of the Criminal Justice Act 1993 provides that in determining sentence for a sexual offence or one involving violence or the threat of violence a court may, where necessary, receive evidence or submissions concerning any effect, long term or otherwise, of the offence on the person against whom it was committed and shall, upon application by that person, hear his or her evidence as to the effect of the offence.

The Deputy might also be interested to know that I have asked the national steering committee on violence against women to examine the recommendations made in the Sexual Abuse and Violence in Ireland, or SAVI, report, which was published by the Dublin Rape Crisis Centre in 2002. That report contains recommendations on awareness and education regarding rape and sexual assault as well as recommendations regarding service development and further research. The national steering committee will commence work on that very shortly and I hope that it will help reduce the number of rapes occurring.

Following recent discussions with the Rape Crisis Network and other victims' organisations, other initiatives are also under consideration.

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