Cecilia Keaveney (Donegal North East, Fianna Fail)
Link to this: Individually | In context

Question 436: To ask the Tánaiste and Minister for Justice, Equality and Law Reform if he has satisfied himself that in the case of sexual abuse cases the rights of the victim are equal to those of the accused; and if he will make a statement on the matter. [2688/07]

Michael McDowell (Dublin South East, Progressive Democrats)
Link to this: Individually | In context

The essential purpose of a criminal trial is to establish whether or not an accused is guilty of the offence charged. It is a fundamental principle of our legal system that the accused is presumed innocent until proven guilty. Alleged behaviour by the accused is at the nexus of a criminal trial and it is the accused who, if found guilty, will be liable to serious consequences in the form of criminal sanctions which, in the case of serious sexual offences, could be up to life imprisonment.

It is now generally accepted that our legal system did not in the past always afford sufficient consideration to the part the complainant played in the criminal justice process. More recently, the role of the complainant has been given greater attention and this has been reflected in a number of changes that have been made for the purpose of making the trial process a less traumatic experience for complainants, and this is especially so in the case of sexual offences.

Examples of these changes are as follows. Since 1990, it is no longer necessary to warn the jury about the danger of convicting on the uncorroborated evidence of the complainant. Instead, the judge decides on a case by case basis whether the jury should be given such a warning. Also, procedures are now in place whereby the prosecution team arrange for pre-trial consultations with complainants in cases of serious sexual assaults to familiarise them with the legal procedures and to explain the layout and procedures of the court and the type of matters which may be the subject of examination by counsel. Another positive development has been the extension of the Civil Legal Aid Scheme to allow a complainant in cases of serious sexual assaults to consult a legal aid solicitor who may accompany the complainant into court. A further initiative was the provision of separate legal representation for complainants for the duration of an application to adduce evidence of cross-examine a complainant about his or her past sexual history.

The above are examples of the advances that have been made to improve the position of the complainant in the criminal trial process to reduce the sense of alienation and helplessness that can arise. I will give serious consideration to any further suggestions for changes to assist complainants in serious sexual assault cases. However, any such suggestions would have to comply with the constitutional guarantee that the accused would be tried in due course of law and would receive a fair trial in accordance with the requirements of international human rights instruments.