Charles Flanagan (Laois, Fine Gael) | Oireachtas source

The deeply personal nature of a sexual offence impacts greatly on the victim. The prosecution of such offences must be dealt with in a sensitive manner, with respect for the rights of the accused person and the complainant. Although in a different jurisdiction with a distinct set of court procedures, the recent case in Northern Ireland has, rightly, brought out into the open conversations on consent and the way sexual offences are dealt with in the courts.

I am aware that there have been reports this week on discrepancies in statistics for sexual assaults. I know that An Garda Síochána is working with the Central Statistics Office, CSO, and the Policing Authority to ensure the issues related to crime statistics will be resolved as a matter of urgency.

Much work has already been done to protect complainants in sexual offence cases from any additional trauma arising from the criminal process. There are many existing provisions aimed at supporting the complainant in sexual offence proceedings, including restrictions on public attendance at the trial and press reporting. Complainants are entitled to legal advice and representation through the Legal Aid Board in certain limited circumstances.

An Garda Síochána has introduced measures to ensure complainants will be dealt with sensitively in investigations into sexual offences. Appropriately trained staff have been placed in divisional protective services offices to investigate these difficult crimes. Three of these offices have been established and at least four more will be established this year, with work in hand to expand the network to cover all Garda divisions by the end of next year.

The enactment of the Criminal Law (Sexual Offences) Bill 2017 last year was a significant development of the law on sexual offences, putting in place a statutory definition of consent to a sexual act. The Criminal Justice (Victims of Crime) Act 2017 also has enhanced protections for victims of crime, including victims of sexual offences.

While these developments have been extremely positive, I believe it is timely to take a broader look at the investigation and prosecution of sexual offences to identify any scope for further practical or legislative steps to support victims of sexual offences, while fully respecting the rights of the accused. As I have announced, I am drawing up proposals for such a review which will, of course, involve consultation with relevant stakeholders and take account of other proposals which have been made in this area such as the recent report by an inter-agency group headed by Rape Crisis Network of Ireland on vulnerable witnesses. I am working to finalise the terms of reference of this review shortly. I will be happy to keep the House updated on these matters.

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