Seanad debates

Wednesday, 17 November 2021

Report on Victim’s Testimony in cases of rape and sexual assault: Motion

 

10:30 am

Photo of Ollie CroweOllie Crowe (Fianna Fail) | Oireachtas source

Before I start, I acknowledge the sincere heartfelt contribution of Senator Hoey and her courage and conviction to come in and say it in this Chamber this afternoon. To her I say I believe you. I think all Members felt her pain here this afternoon. We are certainly here to support you and to stand with you.

I welcome the report and I commend the Committee on Justice for its work, in particular the Chairman of the committee, Deputy Lawless, for his time here this afternoon. In his contribution he outlined the situation and the facts. It was comprehensive and right and he referred to 1%, that is one in one 100, as I am not sure if certain Senators were listening to his contribution. He was clear when he stated that justice delayed is justice denied, which members of the Committee on Justice have also stated.

I find it hard to comprehend, not being a member of the Committee on Justice, that the conviction rate is as low as 1%. The 2018 report states that only 11% of the reported rape cases result in conviction. As I outlined by the Chairman, when one considers that the vast majority of rape and sexual assaults are not reported at all, it is clear that the reality is that a tiny percentage of the people who commit these offences, unfortunately, are prosecuted.

That needs to change and in order for it to change we need reports and discussions like this. We need action to be taken. I strongly support the call in the report to move to a more victim-centred approach. It is clear from evidence here this afternoon and previously that we need a justice system that is much more understanding and compassionate to victims. Currently, that is not the case. That needs to change and the time for talking is over. We need action and change.

In this context, it is unfortunately not possible for the trial system to be made easy for victims but we must ensure that every effort is made to take account of how difficult it is for them and to minimise any re-traumatisation of victims in how difficult it is for them and how they feel. The recommendations made are based on the evidence provided to the committee and, if implemented, I am confident that they will make a meaningful impact.

As to a number of the recommendations, I strongly support any measures which support the victim during the trial process, as other Members have. We know this process makes more victims reluctant to report their cases.

The recommendation for victims to have the resource of separate legal representation, with the defence and prosecution on a par, is a recommendation which could make a substantial difference for victims. There is currently an imbalance between the victim’s right and fair procedure to which a defendant is entitled. This recommendation would go a long way towards addressing that imbalance.

Similarly, the recommendation to ensure that the victim and the accused are as far away from each other as possible in court, with staggered entry and exit times, and the recommendations around increasing the use of video technology can make a substantial impact. We need to encourage more victims to report the crime and anything that will put the victim in the centre and that supports them in that way is vital and is a way forward.

Finally, I urge the Minister, Deputy McEntee, and her Department to consider this report strongly and to implement the recommendations as soon as possible. We must change our approach and put the victim first. We cannot wait any longer and I strongly recommend that the Minister takes action now.

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