Colette Kelleher (Independent) | Oireachtas source

I move amendment No. 6:

In page 12, between lines 10 and 11, to insert the following:"(g) any summary of the reasons for a decision under any one or more of subparagraphs 2(c), (d), (e) and (f) in this section shall contain sufficient information to enable the victim to decide whether to request a review of the decision, in any case in which such a review is possible;".

I thank the Minister of State for bringing forward this Bill and the Rape Crisis Network of Ireland for its help in trying to ensure this Bill works as best as possible, as the Minister of State said, for the victims of crime. I also thank the other Senators who have co-sponsored the amendments I have put forward. Senator Higgins rightly pointed to the fact that there is considerable interest in this and effort being made. It is disappointing to see debate truncated in this regard given the amount of work we have put into it and the interest there is in it.

The amendments proposed are measures to support in particular, as the Minister of State rightly said, the victims of the crimes of rape, sexual assault and sexual violence, which are crimes particularly but not exclusively experienced by women. They are horrible life-altering crimes that, as recent media commentary and commentary by Members of these Houses shows, at best are often misunderstood. At worst, such commentary betrays conscious or unconscious deep-rooted and deep-seated misogyny, and this can rear its head in all parts of our public system, among gardaí, the Director of Public Prosecutions and the courts. These are crimes in which, uniquely, the victim can be blamed for the awful thing that happened to her. We rightly do not blame the frail pensioner for being robbed on his or her way home from the post office and we do not blame children for being victims of child abuse. Why do we still continue to blame victims of the crimes of rape, sexual assault or sexual violence and insinuate or infer that they are somehow to blame for the crimes that have been forced upon them against their will? The amendments I have put forward are about supporting the victims after they come forward to have a reasonable experience and a fair trial and not to be on trial.

Speaking directly to amendment No. 6, the Director of Public Prosecutions does not prosecute the majority of sexual crimes identified in the Garda files it receives. At present, victims of sexual crime receive only a very brief and general letter from the Director of Public Prosecutions in response to their request for reasons the decision not to prosecute was made. There is no reference to the individual circumstances of their case. This cannot be said to be sufficient information for victims to decide whether to request a review of the decision. This amendment seeks to ensure victims get sufficient information to enable them to decide whether to request a review of the decision in any case in which such a review is possible. I ask the Minister of State to consider that.