Charles Flanagan (Laois, Fine Gael) | Oireachtas source

As the Deputy will be aware, the Government has given significant consideration to law on sexual offences in recent years, including with regard to the needs of the complainant. The Criminal Law (Sexual Offences) Act 2017 provides for a statutory definition of consent and other measures that give protections to complainants during court proceedings. I intend to bring forward further legislation this year, including the criminal law (sexual offences) (amendment) Bill 2018, the general scheme of which has been published. The Bill will deal with sentencing for sexual offenders. Further legislation will strengthen post-release supervision of sex offenders.

Other provisions serve to protect complainants in sexual offence cases from any additional trauma arising from the criminal process, including restrictions on public attendance at hearings and on press reporting. An Garda Síochána has begun a programme of establishing divisional protective services offices with specially trained staff to investigate these difficult crimes. The recently enacted Criminal Justice (Victims of Crime) Act 2017 has significantly enhanced protections for victims of crime, including victims of sexual offences.

The Deputy will also be aware that complainants in sexual offence cases can access legal advice in certain limited circumstances. This is given effect through the Legal Aid Board, which provides a legal advice service free of charge to complainants in prosecutions for certain rape and sexual assault cases. A person seeking this service is not required to undergo a means test or to make any financial contribution. A legal aid service is also provided in certain rape and sexual offences cases where the complainant's prior sexual experience has been raised by the defence in the course of the trial. In these instances the Legal Aid Board will appoint a solicitor and a barrister to represent the complainant where the issue of previous sexual history is being raised. This service is also available without a means test.

In this context, I am examining the investigation and prosecution of sexual offences as a whole to identify any scope for further practical or legislative steps that would support victims of sexual offences while fully respecting the rights of the accused.

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