Ruth Coppinger (Dublin West, Solidarity)
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27. To ask the Tánaiste and Minister for Justice and Equality his plans for reform to the way in which complainants in sexual assault and rape cases are dealt with by the justice system; his views on representation of complainants and the prohibition of cross-examination on post-incident sexual history or on the use of contraception; and if he will make a statement on the matter. [29667/18]

Charles Flanagan (Laois, Fine Gael)
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The review of the investigation and prosecution of sexual offences I have announced is intended to identify the scope for  practical and or legislative steps which would support victims of sexual offences, while fully respecting the rights of the accused. Following a series of preliminary consultations with relevant stakeholder organisations and consideration of their submissions, a targeted review will now be taken forward by my Department in consultation with a number of Criminal Justice agencies.  Issues of the kind raised by the Deputy can be examined by the review, and the views of individuals and organisations will be fully considered.

The Government is committed to tackling sexual violence and I would encourage all victims of sexual assault to speak to An Garda Síochána, where they will be handled sensitively and respectfully. Reporting sexual violence is necessary in order to hold perpetrators to account. I fully appreciate that the criminal justice process can be daunting for victims and the review will examine what further supports can be given to complainants and witnesses in these cases, including legal protections.

There are some legal supports already available to complainants. The Legal Aid Board currently provides free legal advice to a person who has made a complaint to the Gardaí about rape and/or sexual assault, and in respect of which criminal proceedings have been initiated. A person who seeks to avail of this service does not have to undergo a means test or pay a contribution.

Under s.3 of the Criminal Law (Rape) Act 1981, as amended, the prosecution must apply to the court for permission to introduce evidence or cross-examine a complainant on their sexual experience. Permission will only be granted if it would be unfair to the accused person not to allow the evidence to be introduced or the question to be asked. The Legal Aid Board provides representation to the complainant where such an application is made.  A person who seeks to avail of this service does not have to undergo a means test or pay a contribution.