Annie Hoey (Labour) | Oireachtas source

I thank the committee Chairman for being present for this discussion. First, I will say for the record and for anybody who is listening to or watching this debate who has survived sexual assault, rape or any sort of violence, I believe you. I know that you were there. I know your pain. I believe you and you did nothing wrong. You survived and however you chose to handle the moments, hours, days, weeks and months after, you did their best. I stand with you. I know that I am not the only Member who feels the same.

I take time to make that declaration because I fear sometimes, in our haste to make substantive policy and legislative contributions on difficult topics, we can forget that at their core is people who have been through one of the single most traumatic and life altering experiences that one can go through. I welcome in the main the report of the justice committee on how we help survivors of sexual violence speak their truth and gain justice, because God knows we have a very poor reputation in that regard. It has to change. This report is welcome, and it needs to lead to urgent action.

I would like to make some points speaking directly to the recommendations. There are 14 main recommendations in the report and I will speak to four of them. The third recommendation calls for the availability of specialist training and guidelines for practice regarding the question of vulnerable witnesses to be rolled out as soon as possible for members of the legal profession. While the intention is good, I agree with many of the witnesses to the committee that the availability is not good enough. Mandatory training for all staff in the legal profession would surely be the best solution, not just for victims of sexual violence, but for all people.I am keenly aware that there are many vulnerable people who will make their way through the court system. Seeing as this week we mark the first ever Adult Safeguarding Day in Ireland, I think this is a point worth noting.

Recommendation 7 seeks to: "Ensure that separate legal representation to support victims of sexual assault is provided throughout the entire trial process, as appropriate, but particularly when questioned about their sexual history during cross-examination." This, coupled with training for barristers in how to safely cross-examine victims, is of paramount importance. In chapter 2 of the report, a victim is cited as saying:

I think overall I was probably on the stand for, give or take, four hours. I can’t tell you how horrific it is being cross-examined. To this day I can hear that barrister’s voice in my ear crystal clear to this day.

One of the truly grotesque aspects of the prosecution of sexual violence offences is the allowance, in certain circumstances, of a discussion of a victim's sexual history. While I appreciate that the report points out that there is a high bar for that to be permitted, I posit that there should be no bar. A victim's sexual history is not pertinent to a case, because sexual violence is not about sex, sexual preference or anything close to it; it is about power, control and abuse. I am sure we all remember the case which drew media attention a few years ago for the introduction of a victim's underwear as part of the defence's argument. That is simply about shaming and victim blaming, and it should have no place in a justice system that takes a victim-centred approach, which this report calls for.

Recommendation 9 seeks to, "Ensure the rollout of a scheme for the training and accreditation of intermediaries progresses as quickly as possible." Has the Chair of the committee received an update from the Minister on that? The report was published in June, so I would hope there has been some progress on the issue since then. It is an essential part of the plan to make these proceedings more manageable for victims.

Recommendations 11 and 12 make two suggestions, which I think must be discussed together. Recommendation 11 states: "[...]consent must be incorporated within the new RSE curriculum at both primary and secondary and that programmes of consent are rolled out at third level as a matter of urgency". I completely agree with this, having been involved in the rolling out of programmes of consent at third level. However, it is all well and good to suggest that we must roll out such programmes, but the resources and staffing must be made available. I spoke to some staff in higher education institutions who said that they wanted to get it right, but they did not have the time or the resources to do so. In recommendation 12, we see the committee report acknowledge: "[...]the prevalence of sexual violence within the LGBT+ community, in particular the high levels of sexual violence experienced by those who identify as being transgender or non-binary". I very much welcome the inclusion of this acknowledgement in the report. However, I would point out that if we want to use school settings as a place to have those important early conversations about consent, and we know there is a high level of violence experienced by members of the LGBTQ+ community, we have surely to ask if it is right that for this and many other reasons it is acceptable that the majority of schools in Ireland with a Catholic ethos refuse to teach sexual education in an inclusive way. All children, of all identities and orientations, whether they know it at that age or not, must know that their body is worthy of respect and care and that their consent matters. That is as true for gay, lesbian, bi, trans and intersex kids as it is for anyone else. The time has long since passed for the exclusion of LGBTQ+ people from sex, relationship and social education teachings in schools.

Perhaps the Acting Chairperson will have some patience with me, as what I am going to say next is deeply personal and is not easy to say out loud. We have spoken a lot about statistics and figures in here. Behind every statistic and figure is a person. I am just one of many people behind those statistics. I did what I was supposed to do; I went to the Garda station and I reported it. I sat in a room for hours with no food or water until I could go to a sexual assault treatment unit. I was literally scraped on the inside for evidence. To this very day, that was the most traumatic thing that has ever happened to my body and I will feel those scraping sensations for as long as I live. I gave my testimony in the station, but I knew that I was not going to be able to continue with the process. Even though I knew what had happened to me was wrong, I also knew that the case was going to go nowhere. I was already shattered by trying to piece together what happened just for that one testimony. I would not, and could not, do it again. I had no faith in either our legal system or how society would view me to even try to pursue it any further. I went home and I continued my life as best I could. I am not alone in the decision I made.

We need to do more than just push legislative change. We must challenge the societal belief that it is the victim's fault. We must accept that without a "Yes", it is a "No" - end of. I suggest that a bigger problem is a complete lack of faith in our legal system. Other people have spoken about that lack of faith. Senator Ruane said she did not know if she would encourage her daughters to go and report such crimes. I would agree with that, having been through the process. The bigger problem is the fact that society has ingrained into victims - into me and other people who have suffered - that we have done something to have caused our rape. This is a much bigger challenge facing us.

To conclude, I say to other people affected by this legislation, who have ever had to give testimony or have been unable to do so, that I believe you. I cannot guarantee that everyone you deal with in the future will believe you. I cannot guarantee that you will even get justice, and if anything, the statistics tell us that you have a 95% of not seeing your abuser convicted. I hope that this report results in real change. I hope that it gives victims confidence that they can give their testimony safely, with honesty and without fear of the incredible difficulty that they will have to go through. It is a long and difficult road that they have ahead of them. We in the Labour Party want to see this legislative, societal and cultural change. In the meantime, all I can say to victims is that I believe you. I am sorry that you have been let down by us all, but I believe you.