Mark Ward (Dublin Mid West, Sinn Fein)

One of the main problems within the justice system is the length of time it takes for court cases to be heard. Justice delayed is justice denied. These long delays in relation to sexual violence cases increase the trauma for victims. I was at a very emotive briefing today, hosted by my colleague, Deputy Carthy, where we heard very powerful testimonies from women who were victims of sexually based violence. One thing that struck me, which is directly related to the legislation we are discussing today, is that only 5% of all cases of sexual assaults make it to court. I cannot help thinking if we had a faster, victim-based judicial process, we would see this number increase. I hope this Bill will go some way in helping this process. The briefing I was at was about victims of sexual violence and the civil protection orders. This will be debated in this House on 25 November. It is no coincidence that 25 November is international day of the elimination of violence against women.

For the 5% of the victims and survivors who make it to court, the challenges do not end when the court case ends, even when there is a conviction. The women today spoke about the fear they feel as their assailants come to the end of their sentences. They fear contact from perpetrators and fear encountering the perpetrator as they go about their daily lives. What I heard today is that something as simple and humane as a court imposing a restraining order on the person convicted of sexual assault from approaching the victim would go a long way in making the victim feel safer. I am urging cross-party support for the Bill on 25 November.

There are provisions in the Bill we are discussing today to speed up the judicial process.

Victims of sexual violence are our families, friends and neighbours and live under a range of circumstances. They may have families, loved ones, friends, jobs, illnesses, exams and bills – all of the everyday dilemmas big and small that people deal with on a daily basis all over Ireland. Having been a victim of sexual violence and then experiencing an inhumane delay in getting justice in the courts can become too much. We need to make this process victim friendly and I hope the increase in the number of judges and supports for courts will make this happen so that women may become survivors and are not just victims.

Every time I speak on this issue, I am conscious about using the terms "survivor" and "victim". The term "victim" describes a person who has been subject to a crime. However, this does not imply any weakness, assume any guilt or assign any blame. The term "survivor" can be used as a term of empowerment to convey that a person has started the healing process. People who have experienced sexual violence do not have to be either one or the other; they can be who they want. They can also be both. The women I heard speak today at the briefing were, quite simply, heroes.

The Bill also seeks to make amendments to the Child Care Act and the Family Courts Act in regard to Tusla. It seeks to extend childcare by Tusla when there is an upcoming court case and I have concerns about this, which have already been relayed. A ten-year-old child was recently sexually assaulted while under the care of Tusla, which took place in Citywest, in my constituency. People want to know how a ten-year-old girl under the care of Tusla could go missing. It is a legitimate question.

There is a disturbing pattern of children in the care of Tusla being failed. We think of six-year-old Kyran Durnin, missing and presumed dead, three-year-old Daniel Aruebose, whose skeletal remains were found in Donabate, and 17-year-old Vadym Davydenko, who was stabbed to death in an unregulated Tusla care facility. People have asked me what is going on with Tusla. Tusla needs to examine how it responded publicly to the case of the ten-year-old girl. It stated that the girl had been voluntarily placed into care by her family earlier this year due to significant behavioural issues. This is victim blaming. It went on to say that the child had absconded from care. Prisoners escape and abscond. Ten-year-old children do not. Again, this is victim blaming. Tusla, which is meant to care for some of those vulnerable children in society, needs to take a long hard look at itself. I also call for an immediate public inquiry into this matter. In the context of the Bill, I have concerns about the ability of Tusla to look after vulnerable children any longer than is necessary.

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