Dáil debates

Thursday, 27 September 2018

Criminal Law (Sexual Offences) (Amendment) Bill 2018: Second Stage

 

3:50 pm

Photo of James BrowneJames Browne (Wexford, Fianna Fail) | Oireachtas source

I thank the Minister and I welcome this Bill, which seeks to introduce more stringent sentences for repeat sex offenders. Fianna Fáil will support the Bill. The rising rates of crimes of a sexual nature is deeply worrying for society but horrendous for victims. We know how sexual offences have become more prevalent in recent years. The Central Statistics Office noted a 10.6% increase in the number of recorded cases of sexual offences in the first quarter of this year compared with the first quarter of 2017. In truth, the figures are likely far higher, and it is accepted that the reporting rates for crimes of sexual abuse are much lower than the real incidence.

The Bill before the House is urgently needed. We are all familiar with cases where the leniency of sentences handed down to sexual offenders has been called into question. Lenient sentences can have a damaging impact on survivors of sexual abuse. When people hear of cases where the sentence handed down is reportedly lenient, those who may have considered reporting a sexual offence are often deterred from doing so. There can be a perception that the criminal justice system is not on the side of the victim, and one area that certainly must be addressed is the matter of consistent sentencing. That would help to address that perception. There is also stereotyping and stigma around the victims of sexual assault, which must be absolutely ended. Evidence is clear there is no particular profile of a victim of sexual assault, and it can happen to absolutely anybody. Nevertheless, certain groups are more vulnerable than others.

My party welcomes the Bill and we hope to strengthen it with proposed changes on Committee Stage. I have practised criminal law and I am aware of a couple of lacunae in and around the sexual assault areas of law. I hope they will be addressed in the Bill. The Government has not addressed the need for consistent sentencing for sexual offences with enough urgency. In 2013, Fianna Fáil published a Bill calling for the establishment of a judicial sentencing commission and in 2016 our general election manifesto included the need to provide sentencing guidelines for the Judiciary. However, we are now in the final quarter of 2018 and the Government has yet to prioritise legislation that would encourage consistent sentencing in our courts. It must take action and set up a sentencing council to issue sentencing guidelines and provide clarity and consistency in sentencing. We need to see that convicted sex offenders will be subject to more vigorous supervision after their release, with the Government providing proper resources for the Office for Internet Safety to target sex abusers preying on vulnerable people. Unfortunately, it is a growing trend for predators to use the Internet to target vulnerable people. In that respect, I would also like to see the appointment of a digital safety commissioner, as that role is absolutely crucial.

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