Mary Coughlan
Question:177 Ms Coughlan asked the Minister for Justice, Equality and Law Reform the proposals he has to allow separate legal representations for victims of rape; and if he will make a statement on the matter. [22581/00]
Written Answers. - Court Procedures.
The Sex Offenders Bill, 2000, which completed Committee Stage in the Dáil on 10 October, provides for the introduction of separate legal representation for complainants in rape and other serious sexual assault cases where application is made to adduce evidence or to cross-examine the complainant about his or her past sexual experience.
The Law Reform Commission in its 1988 report on rape expressed doubts as to the constitutional propriety of separate legal representation for complainants in rape and other serious sexual assault cases in so far as it might alter the balance of the criminal process and deprive the accused of a trial in due course of law. Subsequent case law has tended to confirm those doubts. Under present law the sexual history of a complainant is only permitted to be introduced into a trial by leave of the judge. The application to introduce such evidence must prove that the evidence is relevant. Since such applications must be made in the absence of the jury, my advice is that what I am proposing in the Sex Offenders Bill does not pose any constitutional difficulties as it could not impinge on the jury's view of the case it is trying. This would appear to be as far as the Constitution would allow such a provision to go.