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Dáil Éireann debate -
Tuesday, 3 Nov 1992

Vol. 424 No. 8

Written Answers. - Child Abuse.

Bernard Allen

Question:

120 Mr. Allen asked the Minister for Justice if he will introduce judicial reforms to deal with child abuse.

I am not sure what is meant by the reference to judicial reforms. The only area I can think of is the question of sentencing policy and that is something that is currently under general review by the Law Reform Commission. The reforms which are contained in the Criminal Justice Bill, 1992 at present before the Dáil are relevant. These provide for a new procedure for the review of unduly lenient sentences. The Bill will also require courts, when determining the sentence to be imposed for a sexual offence (or an offence involving violence or the threat of violence) to take into account any effect (including any long term effect) of the offence on the victim. This measure will have important implications for cases of child sexual abuse.

I should also say that the Criminal Evidence Act, 1992 provides for important changes in the law in relation to child sexual abuse cases. Under the Act and with effect from 7 October, 1992 evidence of a child under 14 years can be given otherwise than on oath or affirmation, the requirement of corroboration has been abolished, and a spouse is both a competent and compellable witness for the prosecution in such cases.

The Act also provides for the giving of evidence of physical or sexual abuse by means of live television so as to make it easier for victims to testify. The relevant provision will be brought into effect by the order of the Minister for Justice when the work associated with installation of the necessary technical equipment in the courts has been completed.

The Criminal Law (Rape) (Amendment) Act, 1990 introduced new offences relating to sexual assault and aggravated sexual assault. It also abolished the irrebuttable presumption at common law that a boy under the age of 14 years of age was incapable of committing rape. Again, while this is a general measure, it will have a relevance for the type of case in question.
In so far as the Report of the Law Reform Commission on Child Sexual Abuse is concerned, certain other recommendations relevant to questions which are within the area of responsibility of the Minister for Justice are being examined in my Department and any proposals which I may have in relation to them will be announced in the normal way in due course.
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