Seanad debates

Wednesday, 17 November 2021

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

 

10:30 am

Photo of Martin ConwayMartin Conway (Fine Gael) | Oireachtas source

I totally agree with Senator McGreehan. I thank Senator Hoey very much. She is just amazing. There is no other word to describe it.

This report that has been commissioned by the Committee on Justice is very welcome. The recommendations should be implemented in full. Whatever legislation is required to implement them can be initiated in the Seanad. We will have no problem making time available urgently to implement these recommendations. I do not even think it needs to be done incrementally. The recommendations need to implemented immediately in one go. To be quite frank about it, they are only a starting point. The report is a starting point. We are way behind when it comes to dealing with this issue. It is shocking to think 95% of sexual crimes essentially go unpunished.

I was on the justice committee for a number of years. The various organisations, including the Rape Crisis Centre, the Rape Crisis Network and so on appeared before us. They highlighted the issue of counselling notes and medical notes. They have no place in any trial. They certainly should not be scrutinised or tossed around by defence solicitors trying to undermine the credibility of the victim. This should have been dealt with. I do not buy into any legal argument that this is appropriate because there is none.

It is shocking that in our country a victim is not entitled to legal representation unless he or she is being cross-examined by the defendant's legal team. That is alien. That is the type of thing that goes on in dictatorships. It is not what happens in a democracy like we have. It is simply wrong. It should not happen and should be addressed immediately. I do not even think it requires legislation. Maybe I am wrong. If it does, then let us get on with it, but there should be a directive from the Department of Justice that in a sexual abuse or violence case, the victim automatically gets legal representation. I do not think it is too much to ask. That should happen, really and truly.

There is an old saying that justice delayed is justice denied. That is very much the case when it comes to sexual abuse and violence cases. More judges are required. We need to front-load whatever judicial appointments are being made to this area to ensure there are not undue delays.

Overall, the justice committee does great work. When I was on the committee I found it to be a very good one. Obviously, that ethos is continuing but this report needs to be acted upon. It cannot be left on the shelf to gather dust. It cannot even be put up on the shelf but must be dealt with as a matter of absolute urgency.

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