Dáil debates

Tuesday, 13 November 2018

Ceisteanna ó Cheannairí - Leaders' Questions

 

2:35 am

Photo of Leo VaradkarLeo Varadkar (Dublin West, Fine Gael) | Oireachtas source

I thank the Deputy for raising this important issue which is of enormous concern to the Irish public, both men and women. Let there be no doubt that nobody asks to be raped and it is never the fault of the victim.

It does not matter what one wears, where one went, whom one went with or whether one took drugs or alcohol. Nobody who is a victim of sexual violence or rape is ever to blame for the crime committed on them. I believe any defence on those lines is absolutely reprehensible. Let me put that very clearly on the record of this Dáil.

In terms of any individual court cases, the Deputy knows how the courts work. We live in a democracy. This is Parliament. Parliament is separate from the courts. When there is a prosecution, there is a defence. The judge and jury hear all the evidence presented during the trial. The jury comes to a decision on whether there is a conviction and then the judge rules on an appropriate sentence. We cannot interfere in the way individual court cases are conducted. However, I believe we need to examine this matter. A review has been established under the chairmanship of Tom O'Malley, who is a recognised expert in this area. He will look at issues like the evidence offered, the protocols, the practice and the procedure to see whether we can improve how such trials are conducted.

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