Dáil debates

Tuesday, 6 July 2021

Domestic, Sexual and Gender-based Violence: Statements

 

4:55 pm

Photo of Holly CairnsHolly Cairns (Cork South West, Social Democrats) | Oireachtas source

Any opportunity to discuss sexual and domestic violence in this House is a good thing. For too long, victims have had to suffer in silence and fear as the State and our society have failed to recognise and respond to these crimes. However, I raise the same points every time, as do other Deputies, so until we address the underlying causes rather than just talk about them, victims and survivors will continue to suffer in silence.

Two weeks ago, like other Deputies have outlined, we found out that over 40% more people contacted Women’s Aid last year compared with 2019. This trend is also reported by West Cork Women Against Violence Project which has experienced a similar increase in calls. Campaigners and support organisations had warned us this increase was going to occur.

That same week, we discovered that more than 3,100 emergency calls made by domestic violence victims to 999 were cancelled, as it were, between 2019 and last October. This is particularly alarming as victims, on average, are assaulted up to 35 times before reaching out for help.

Highlighting and discussing these matters is important, but without substantial policy change, more people are being and will be condemned to sexual and domestic violence. One of the key measures the Government can take is to provide sufficient refuge space. The Taoiseach said in his statement that Tusla is undertaking a review of accommodation.

I have raised repeatedly in this House our obligations under the Istanbul Convention to provide one refuge space for every 10,000 people, and instead of meeting this international standard, the Minister and Tusla have insisted on the much lower provision of one refuge space per 10,000 women, which is 50% of what we should have. While I welcome the review, we do not need a review to tell us that at the very least we need 50% more refuge spaces at the moment.

The continual refusal of the State to put in place the minimum amount of refuge space undermines any strategies and casts doubt on commitments to help those in need. It is essential to note that for anyone affected by domestic or intimate violence, there is always support and alternative accommodation out there, often thanks to voluntary services filling in the gaps the State is not filling. If you are in that situation, seek help, because it is there.

Refuge space is one part of a complex issue. Safe Ireland’s No Going Back report outlines the transformative response required that considers the intersectional factors and an integrated approach. Domestic and gender-based violence has emotional, psychological, financial, physical and many other interconnected manifestations. An adequate response needs to reflect this complexity. We need Departments and State agencies to understand the issues involved and provide exceptions and supports.

In rural areas, it is often GPs or those in family resource centres who have to assist victims. They need more support, training and funding to deal with these issues. We need to ask ourselves if staff in public services are trained to assist victims. Does our immigration process protect vulnerable migrants whose status depends on their partner or family member? What systems are in place to detect less visible cases, such as elder abuse or financial abuse of people with disabilities?

Each of these indicates some of the complications involved. Campaigners have repeatedly called for a dedicated Minister with reach across all relevant Departments and agencies with which a survivor may interact, and a Cabinet standing committee. We need this leadership to drive the necessary transformative change to provide integrated support, on-the-ground specialists, and preventative strategies. When will we see this leadership?

Sexual violence overlaps with domestic violence, but it is also an issue that needs targeted responses. Research from Trinity and Maynooth universities has established that 49% of women and 19% of men have been sexually assaulted or harassed, with almost 15% of Irish adults having been raped. These are deeply worrying figures, especially when the true figures are, realistically, a great deal higher. In 2019, more than 14,000 contacts were received by the Dublin Rape Crisis Centre national 24-hour helpline. There were, however, only 3,307 offences reported to An Garda in 2019. The prevalence of sexual violence is seriously underestimated.

The Realities of Rape Trials in Ireland report has highlighted the issues with our justice system's response to sexual assaults. Delays, with cases taking years, have a significant impact on those involved. The use of so-called sexual experience evidence, although rare, is completely unacceptable. Unfortunately, social understandings of consent, pre-exisitng biases and rape myths are found in our juries.

I welcome the Minister, Deputy McEntee’s, move towards reform in this area and the use of pretrial hearings, but sexual violence and rape crisis support organisations have outlined the further necessary changes which the Department of Justice and the Department of Children, Equality, Disability, Integration and Youth need to implement immediately. These include introducing guidance for juries to address rape myths and providing free legal advice and information for anyone reporting or considering reporting any type of sexual offence. There is a clear need for a significant strategy on improving the broad understanding of sexual consent. This involves evidence-based sexual and relationships education in all schools and compulsory consent classes in further and higher education, but it also means reaching adult groups and using existing organisations to help adults understand issues of consent and abuse.

It is important to note that sexual assault does not have to involve being restrained or penetration. It is any sexual act you are forced into against your will. This needs to be understood by all people and most importantly by our State services. Speaking at the Committee on Justice recently, Deirdre Kenny of One in Four, explained how in cases of rape and sexual assault, "The law is applied to the crime, but very little attention is paid to how the system interacts with the personal impact of the crime." We need a radical change to ensure our legal system and State services are victim-centred in all instances of sexual, domestic and gender-based violence.

In rural areas, sometimes the way people in these situations report and seek help is very different. For example, in the past, if you were presenting as homeless in a rural area, you went to your local community welfare officer. Due to the increased demand on that service as a result of the homelessness crisis, people now have to go to the local housing authority. In one example in west Cork, you would have to go from Castletownbere to Clonakilty and there is not even a bus service to there, whereas before, you could always go to your community welfare officer. Recently there has been a proposal to move the family courts out of west Cork and into the city, which would mean that somebody seeking a domestic violence order potentially would have to travel for two hours and may not have transport.

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