Lisa Chambers (Fianna Fail) | Oireachtas source

I move:

That Seanad Éireann shall take note of the Report of the Joint Committee on Justice entitled 'Report on Victim’s Testimony in cases of rape and sexual assault', copies of which were laid before Seanad Éireann on 11th June, 2021."

I welcome Deputy Lawless who is the Chairman of the Oireachtas Joint Committee on Justice and thank him for giving of his time. I thank the Cathaoirleach for initiating this process within the Seanad and it is very timely. It is a good use of Seanad time because as the Cathaoirleach said, many excellent reports are published by Oireachtas committees that gather dust and their recommendations are never actioned or perhaps only some of them are. It is a good use of our time to follow up on those recommendations given the amount of excellent work that was put in by the committee Chair and members, and of course those who gave evidence to the committee that led to the compiling of this excellent report.

The figures are shocking whereby less than 10% of victims report instances of sexual assault or rape to the gardaí. In 2008, only 8% of reported rape cases resulted in a conviction and the percentage increased slightly to 11% in 2018. Let me be blunt and say that one would almost be unlucky to be convicted of rape in this country because the statistics are so shocking. The rates of reporting, prosecution and eventual conviction are so low so is it any wonder victims do not come forward? They probably feel that the chance of getting justice for what they have been through is extremely low. There is no doubt about it. Our system is broken. Something wrong is going on here and there is a reason the rate of reporting of these crimes is so low. I understand that it is the most serious crime yet it has one of the lowest level of reporting, which is something that must be addressed.We have to ask why reporting is so low and then we can probably say why the conviction rate is so low. The conviction rate is so low because victims are not coming forward to report the crimes. That is something we have to address. The committee's report goes a long way towards addressing the underlying reasons victims choose not to come forward and go through the justice process.

The committee's intention was to look into the reasons victims were not engaging with the justice system. In going through the justice process from their first engagement with the Garda to the courts, victims find it to be a very traumatic process, and they find themselves to be re-traumatised by going through that. That is something we must address. Victims are scared of the justice system when it comes to reporting sexual offences and going through the rape trial process. In most instances, the approach of the defence in those trials is to try to discredit the credibility of victims and to assassinate their character so that the jury will not believe what they are saying. That is not always the approach, but it is often the case in those types of trials, which is widely known by the public. That is why victims are very afraid to come forward and go through that. We need to address that.

A key area that victims are afraid of is that their previous sexual history will be brought before the courts and put out there in all its glory in every single detail. The victim is required to answer questions of his or her previous sexual history. I have a real problem with that and I think that should not be allowed but, unfortunately, that is permitted in those trials. One of the most high-profile cases recently was the Belfast rape trial. It was widely publicised on social media and in regular media and it is was everywhere. Every detail of that trial was all over the place. The victim was treated appallingly in that trial. For any woman who had experienced sexual assault or rape and was thinking of coming forward, could she be blamed for not wanting to, having seen what happened to victim in that case? I still stand in solidarity with her despite the verdict. I acknowledge there is a verdict and we accept that. However, the process itself and what she was put through was just appalling. That is something that we need to address. I do not have all the answers but what happened to that young woman was outrageous. It was disgraceful. It still makes my stomach turn to think of the process that she was put through. I have no doubt that had a chilling effect on other victims who might have wanted to come forward or who may think about coming forward in the future. We all remember what happened in that trial and how she was treated. That is something that needs to be addressed.

I will touch upon a couple of the recommendations in the report, which are excellent and stand out. A key recommendation is to increase the number of judges to reduce delays in these trials coming through. There is a recommendation for specialist training for the Garda and for those in the justice system to help victims go through this process. We know the process is traumatic and is preventing victims from coming forward. A simple recommendation that can be implemented today is to ensure that the victim and the accused sit as far away from each other as possible. That might sound simple but coming face to face with your attacker is a traumatic experience for the victim that re-traumatises them. It is crucial to ensure that separate legal representation is there to support the victim particularly when they are being questioned and cross-examined about their previous sexual history. I have been clear on why that should not be allowed in a rape trial but it is there; giving victims separate legal representation to get through that particular process is crucial.

The report went beyond the justice process and focused on the relationship and sexuality education, RSE, curriculum and the need to educate our young people about consent. We have a big job there. A large number of young people do not know what consent is.

I commend the Chairman and committee members in both Houses on their work and I am glad to have the opportunity to discuss this issue in the House. We have a lot of work to do but this is a great starting point. If he has time, I ask the Chairman to touch upon the process of engaging with the witnesses and how he felt that went and to share any responses that have been received to date from the Minister and the Department on how they intend to action these important recommendations.