Jim O'Callaghan (Dublin Bay South, Fianna Fail) | Oireachtas source

We need to try to identify why so many victims of sexual assault and rape do not report the crime. Part of the reason is that in many instances they know the perpetrators, but it is unquestionably the case as well that another part of the reason is that they are deterred by the process. Part of the reason they are deterred by the process is that they think it is an alien process and one under which they will be challenged. This can mean issues in respect of their personal lives may be unnecessarily exposed.

We need to do something to create greater legislative support for people who are victims of crime and who are deterred from making a complaint in respect of sexual assault or rape. One method by which we could do this is to ensure that any individual who makes a complaint to An Garda Síochána in respect of sexual assault or rape would be given legal advice immediately by the Office of the Director of Public Prosecutions. This legal advice could include advice on the process involved for such an individual. Many people are unaware that victims will have to give statements, other relevant witnesses will have to give statements, disclosure will have to be made to the person accused if there is to be a prosecution, and that subsequently there will be a trial at which the victim will have to give evidence and be cross-examined. We need to recognise that the lack of knowledge and awareness on the part of victims in respect of this matter is acting as a deterrent. We need to encourage them.

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