Written answers

Tuesday, 17 May 2005

Department of Justice, Equality and Law Reform

Sexual Offences

9:00 pm

Photo of Róisín ShortallRóisín Shortall (Dublin North West, Labour)
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Question 72: To ask the Minister for Justice, Equality and Law Reform his views on the low level of detections and convictions secured in respect of rape cases; the steps he intends to take to achieve a higher level of detection and convictions in such cases; and if he will make a statement on the matter. [16157/05]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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While I have always urged caution in the interpretation of short term statistics, I was please to note decreases in aggravated sexual assault, sexual assault, the largest category of sexual offences, rape of a female and unlawful carnal knowledge in the provisional headline crime figures for the quarter ending 31 March 2005 compared with the corresponding quarter last year. I was concerned, however, to see a recorded increase in the number of cases of rape section 4.

The Garda Síochána actively encourages people who are the victims of a sexual crime to report the offence to them. With regard to the number of detections, I can assure the Deputy that any incident of rape or sexual assault reported to the Garda Síochána is fully investigated, as much evidence as possible is gathered and, subsequently, a file is forwarded to the Director of Public Prosecutions for a direction as to whether a prosecution should proceed or not. As the Deputy is aware, the Director of Public Prosecutions is statutorily independent in the performance of his function, and it would, therefore, be inappropriate for me to comment on his decisions.

I have outlined to the House on a number of occasions that there is a high attrition rate in rape cases in Ireland, and a large number of cases reported to the Garda do not reach prosecution stage for a variety of reasons. My Department has approved joint funding for comprehensive research into attrition rates in rape cases. The research, which is entitled, The Understanding of Attrition, Early Withdrawal, the Trial Process and Identifying Possible Changes to Support Complainants in Rape Cases, is being carried out by the department of law at the National University of Ireland, Galway and the Rape Crisis Network Ireland. It is being conducted over three years and is expected to be completed in 2007 or 2008.

This research should provide a greater understanding as to why some victims choose not to report cases to the Garda, what can be done about under-reporting and why, of the cases that are reported, only a relatively small percentage result in a court hearing. It is important to note that, with regard to conviction rates, judges are independent in the exercise of their judicial functions and subject only to the Constitution and the law. It would therefore be inappropriate for me to comment on their decisions. Following completion of this research, action will, as appropriate, be taken to resolve any issue that may arise.

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