Dáil debates

Tuesday, 16 October 2018

Criminal Justice (Victims of Crime) (Amendment) Bill 2018: Second Stage [Private Members]

 

8:45 pm

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

I welcome the opportunity to commence the Second Stage debate on the Criminal Justice (Victims of Crime) (Amendment) Bill 2018, the purpose of which is to provide greater support to victims of gender-based violence, sexual violence and violence within close relationships. It is important to have this debate in the context of the information available to us on the victims of sexual offences in Ireland. We have learned from the recent statistics on crime which were publicised by the Central Statistics Office that there has been a 10% increase in the number for sexual offences reported in the second quarter of 2018. There was also a 10% increase in the first quarter of 2018. While we cannot state definitively what the reason for the increase in the reporting of sexual offences is, it may be because the victims of sexual offences have become more self-confident and feel better about reporting the fact that they have been the victims of such offences to An Garda Síochána. Hopefully, that is the reason for the increase. It may also be the case, however, that the increase is the result of an increase in the incidence of sexual offending in Ireland. If that is the case, it is an extremely worrying development. However, we do not know the cause of the reported increase in sexual offences. As such, I am sure the Minister of State, Deputy Stanton, will agree that it is very important to carry out further research in this area. The Government committed a number of months ago to commission a new sexual abuse and violence in Ireland, SAVI, report to determine the incidence of sexual offending in Ireland and whether it is on the increase or simply the case that people are more confident about reporting offences. Tomorrow, I will have the opportunity question the Minister for Justice and Equality as to when that report and further research will be completed.

One of the things that makes one realise how distinct sexual offences are is the unacceptably low level of reporting of them. If a person is the victim of a burglary or a standard assault, he or she will, in the vast majority of cases, report the offence to An Garda Síochána. Unfortunately, people, particularly women, who are the victims of sexual violence, gender-based violence or violence in close relationships do not report those offences to the same extent. Those offences are not reported to the extent they should be. I read the report published by the One in Four organisation, which does a great deal of good work to represent the interests of people who are victims of sexual abuse. It is estimated in the report that only 15% of victims of sexual abuse make complaints to An Garda Síochána. As legislators, we have a responsibility to take legislative steps to improve those statistics. It is not acceptable to state that there is not much we can do about it because it is simply a tradition that these types of offences are not reported to the same extent as others.

Part of the reason for the low rates of reporting of these offences is that victims can find the legal process and the criminal justice system very intimidating. I am not suggesting that the principles of a criminal trial should be radically subverted, that we depart from the principle that someone is innocent until proven guilty or that an accused person should not have full constitutional rights before a court when prosecuted in respect of a criminal offence. However, we must do something to make the criminal justice process more acceptable and comfortable for the victims of sexual violence. One of the factors identified by complainants in prosecutions for sexual offences is that they are not aware of what is required of them in the criminal justice process. The purpose of the legislation is, therefore, to amend section 17 of the Criminal Justice (Victims of Crime) Act 2017 to provide that any person who makes a complaint of sexual assault or gender-based violence is given advice, information and assistance from the outset by a solicitor funded by the State. If an individual is prosecuted for such an offence, he or she has the protection and advice of a lawyer from an early stage provided by the State under the criminal legal aid scheme. Similarly, when a woman makes a complaint about a sexual offence perpetrated upon her, she should be informed at the very outset of what the investigation will involve. She should be told what gardaí will do to accumulate evidence, what statements gardaí will have to put together from persons with relevant evidence, that those statements will be provided to the accused, what rights the accused person will have in any prosecution, that the complainant will have to give evidence in court in public in respect of the complaint made and that she will be subject to cross-examination. She should be told what that cross-examination will involve and what protections exist in respect of cross-examination under the current legislation, particularly in the amendments enacted through the Sex Offenders Act 2001 to the Criminal Law (Rape) Act 1981.

If the Bill is enacted, it will not lead to a remarkable increase in the number of people coming forward. However, it will be part of the solution. It will send a message to women in particular who are the victims of sexual abuse and assault that the State will provide protections to them in the criminal justice process. It will make them aware that they are not alone and that they will be apprised at an early stage of what the process involves. While people have suggested at times that the victims of sexual offences should have legal representation in court, it is important to note that section 34 of the Sex Offenders Act 2001 amended section 4 of the Criminal Law (Rape) Act 1981 to provide that in certain circumstances a complainant in a rape trial is entitled to be heard in respect of an application and for that purpose to be legally represented during the hearing of the application. I am not suggesting anything that is a fundamental departure from the principles of a criminal trial wherein the prosecution is represented by one prosecutor who makes the claim against the accused. I am suggesting, however, that we do something through this legislation to provide greater support to women in particular who have been the victims of sexual violence, gender-based violence or violence in close relationships. We have to do something to encourage those women to come forward to a greater extent. We must let them know they have the protection and support of the State when they do so.

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