Lorraine Clifford Lee (Fianna Fail) | Oireachtas source

If I can continue, Ms Elizabeth O'Connell, senior counsel, said: "Does the evidence out-rule the possibility that she was attracted to the defendant and was open to meeting someone and being with someone?". She went on to say: "You have to look at the way she was dressed. She was wearing a thong with a lace front."

Those words were uttered in that trial and they are uttered in trials throughout this country on a daily basis. This is how rape trials are conducted in this country and it is an absolute disgrace. It is time we highlighted it, called it out and reformed the judicial process and the way trials are conducted in this country. This did not come as a surprise to anybody working or advocating in the area of sexual violence. It feeds into stereotypes, victim-blaming and victim-shaming. This was a 17 year old girl, who claims this assault took place in a laneway in Cork. These trials are run in such a way that defendants defend themselves by calling into question the evidence, motives or consent of the victim. That is absolutely outrageous. It is high time that we started to address it at a societal level and on a legislative level here in these Houses.

It is no wonder that only 10% of rape victims come forward and report the crimes they have suffered. An even lower percentage of cases go on to trial, and an even lower percentage get convictions in the end. I know a review has been undertaken by Professor Tom O'Malley of NUI, Galway, in regard to reforming the way these trials are conducted. Professor O'Malley started that in August 2018. Perhaps the Leader could give this House an update on when we will see the conclusion of that review and when proper proposals will be put before this House. For example, in England and Wales judges can give direction if such evidence is used and if such stereotypes are brought up by the defence during the course of a trial. Let us be clear. Rape is an act of violence. It has nothing to do with sex or attraction. It is an act of violence. There are many instances of violence being perpetrated on women in this country and that is just one instance of it.

I would like to add that there is an urgent need for a comprehensive national consent programme to be rolled out in national schools, and I would like the Minister for Education and Skills to come to this House for a debate on that matter. It is clear that the senior counsel in question would not have used this line of questioning if she did not think it would resonate with the jury and feed into some stereotypes to the effect that victims are actually looking for this to happen to them. I would appreciate if the Leader could organise that debate.

I would like to make one final point about delayed discharges.We have learned that delayed discharges, often crudely referred to as "bed blockers", increased from 481 last January to 613 this September. Working families are being blamed for this increase on the basis that they are not taking their family members out of hospital to care for them at home. The blame lies with the Government's failure to provide adequate home care packages. The Taoiseach's statement in regard to supporting families who get up early in the morning and go out to work rings hollow.