Donnchadh Ó Laoghaire (Cork South Central, Sinn Fein) | Oireachtas source

I apologise for missing my original speaking slot and thank the Ceann Comhairle for facilitating me. We regularly discuss the challenges that exist to ensure that people who perpetrate sexual violence and sexual offences are brought to justice. Notwithstanding the fact that legislation has improved and that there have been improvements in reporting to some extent, it is still the case that sexual offences are extremely challenging things to report. Even when they are reported, very often they do not proceed to prosecution. Even at the court stage, very often they can be unsuccessful. We need to consider why that is and try to address it. According to the Rape Crisis Network, it is still the case that about 62% of victims of sexual violence do not make a formal complaint. In terms of the supports that exist for victims of sexual violence, we need to address that. It is also important to include provisions in this legislation to ensure that when they come forward, they are supported the entire way, that in the experience they have of the criminal justice system, the traumatic nature of it is minimised to the greatest extent possible and that as many successful and safe convictions are achieved as possible.

A number of provisions in this legislation are important in that regard, including the provisions in respect of consent and an objective test, which I think is logical. The main thing I want to reference is partially related to the O'Malley review of protections for vulnerable witnesses. That review made a number of recommendations, many of which are good, including the provision made here, which relates to a preliminary hearing in respect of sexual history. The legislation I brought forward myself with Deputy Martin Kenny in 2019 covered that, as well as another item which is not covered in the present legislation, namely, the area of clothing evidence. The Minister of State will recall the scandalous situation a number of years ago where a defence lawyer held up a thong in court. I think the quote was: "You have to look at the way she was dressed. She was wearing a thong with a lace front." That was absolutely scandalous. It should not have been allowed to happen in an Irish courtroom but it was in accordance with the rules at the time. Even after the passage of this legislation I believe that would still be the case. We need to address that. In this legislation, we should be considering amendments to ensure that is the case. There is a basis for doing so with a very similar mechanism to what is happening with the sexual history evidence, that there is a preliminary hearing. Of course there are incidents where clothing could have an evidential value. That was not the case in that incident. It was a clear implication, a form of victim-blaming. In the legislation I brought forward, there was a mechanism for doing that and I think similarly in this legislation it is possible to bring forward a mechanism as well. I would urge the Minister of State to do so. What happened there was an absolute scandal and should never be allowed to be repeated in an Irish courtroom.

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