Donnchadh Ó Laoghaire (Cork South Central, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

511. To ask the Tánaiste and Minister for Justice and Equality if she has plans to change the legislation regarding admissibility of clothing evidence in sexual offences trials. [35637/22]

Helen McEntee (Meath East, Fine Gael)
Link to this: Individually | In context | Oireachtas source

Reforming our criminal justice system to make it more victim-centred has been a priority since taking up my role as Minister for Justice. 

Last week I published the Third National Strategy to combat domestic, sexual and gender-based violence (DSGBV).

The goal is clear: zero tolerance of domestic, sexual and gender based violence in our society. It is an ambitious five-year programme of reform to achieve a society which does not accept DSGBV or the attitudes which underpin it.

This follows on from the work I have been doing to implement 'Supporting a Victim's Journey', our plan to give effect to all of the recommendations of the O'Malley Review. 

I know from engagement with victims and victims groups, that the issue raised by the Deputy has the potential to cause distress and can lead to feelings of re-victimisation. There are a number of actions in Supporting a Victim's Journey designed to lessen such a possibility. 

One is the need for every professional person involved in a sexual offence case to have proper specialist training in this area. This action will cover the Gardaí, the lawyers for the prosecution and the defence, as well as the judges in these cases. 

Also, the right to separate legal representation for victims - when an application is made to question them about sensitive areas such as their sexual experience - will be extended to include trials for sexual assault. Previous to this, victims only had this right in trials for the more serious offence of rape.

Defence lawyers' ability to cross-examine victims about their sexual history and experience, or what clothing they were wearing, is potentially a re-traumatising event. It may also be a contributing factor why rape and other sexual offences are underreported.

I am confident that the legislation I recently introduced, which provides for preliminary trial hearings, will have a significant positive impact in this area. Preliminary trial hearings will be used to examine defence applications to question a victim on such matters and if this is to happen, the legal aid board will be notified accordingly. Other issues - such as the use of an intermediary and any other special measures required - can also be addressed at the preliminary trial hearing.

The implementation of both Supporting a Victims Journey and the Third National DSGBV strategy will create a more supportive criminal justice system where every victim of a sexual offence feels that they can come forward confident in the knowledge that they will be supported throughout the entire process, treated fairly and have their dignity respected at all stages.