Written Answers. - Protection of Women.
Brendan McGahon
Question:
20
Mr. McGahon
asked the
Minister for Justice
if, in view of the increasing number of rape charges being processed in the courts, he will outline the measures he proposes to take to protect women; and if he will make a statement on the matter outlining the number of persons charged in court for each of the last five years.
The law with respect to rape and other sexual assaults has recently been amended by the Criminal Law (Rape) (Amendment) Act, 1990. That Act entered into force as recently as 18 January 1991. It represents a significant updating of the law on sexual assaults and provides for increased protection for women who are victims of rape.
The penalties provided for in the Act are severe. Crimes which were heretofore classed as indecent assault — carrying a maximum sentence of ten years imprisonment — can now result in a charge of sexual assault, aggravated sexual assault or rape under section 34 of the Act. The offence of sexual assault covers the less severe offences and carries a maximum penalty of five years. However, the more serious charges of aggravated sexual assault and rape under section 4 attract a maximum penalty of life imprisonment. The maximum penalty for rape itself is life imprisonment and was unaffected by the 1990 Act.
The Act brought about a major improvement in the protection afforded by the criminal law to married women who may have been subjected to sexual abuse. It abolished the rule that a husband could not normally be found guilty of raping his wife so that marital rape is now fully recognised as a crime.
Before the Act was introduced concern was expressed that rape trials were extremely distressing for the victims and that this had discouraged women from reporting such crimes. A number of measures have been taken to reduce the trauma suffered by complainants in sexual assault cases. Restrictions on adducing evidence relating to the complainant's past sexual history have been extended and provision has been made for the anonymity of complainants in all sexual assault cases.
Prosecutions for rape, rape under section 4 and aggravated sexual assault are now by virtue of the 1990 Act tried in the Central Criminal Court rather than the Circuit Court and the general public are not admitted. Furthermore the civil legal aid scheme has been extended, subject to the normal conditions, to allow a complainant in such cases to consult a legal aid solicitor who may accompany her into court. Arrangements are being made by the Director of Public Prosecutions to provide pre-trial consultations with all witnesses including the complainant and to enable complainants to be familiarised with the procedure and layout of the court.
The Garda authorities are very much aware of the problems of rape and sexual assault and gardaí have, in recent years, undergone specialised training to equip them to deal sympathetically and effectively with the victims of such crimes. The Garda authorities also make every effort to ensure that female gardaí are made available to deal with victims of rape and sexual assault.
Statistics relating to proceedings initiated in rape cases are set out in the Commissioner's Annual Report on Crime, copies of which are available in the Oireachtas Library.
