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Dáil Éireann debate -
Tuesday, 15 May 2001

Vol. 536 No. 2

Adjournment Debate. - Sexual Offences.

I welcome the opportunity to raise a worrying trend highlighted by the Dublin Rape Crisis Centre's report yesterday, which shows a significant increase in the number of calls to its help line While some of the increase recorded by the centre is attributable to the fact that more people are coming forward for advice, the reality also is that the incidence of rape and other sexual crimes are increasing. This trend is reflected in the figures of other Rape Crisis Centres around the country and in the official Garda statistics. During the period from 1992 to 2000 the number of rape and aggravated sexual assault cases returned for trial increased by 265%.

A recent report by Women's Aid has similar serious revelations with regard to domestic violence with 10,110 such incidents reported to the Garda in 1999. Women in Limerick were warned earlier this year against walking alone in the streets because they risked being attacked. Random and vicious attacks on both men and women have become a feature of modern Ireland. While the alarming increase in violent and sexual crime is acknowledged officially, there does not appear to be an effective strategy in place to deal with it. I welcome the presence of the Minister for Justice, Equality and Law Reform and call on him to translate the zero tolerance rhetoric into action to protect the growing number of women and men who are vulnerable. The appalling trauma and distress suffered by victims of such crimes must have an effective response.

The report of the National Steering Committee on Violence Against Women published in March 1999 made a number of recommendations of a practical nature – which have not yet been fully implemented – particularly in relation to prevention, extending the network of support and reforming the way in which cases are dealt with once reported. The Rape Crisis Centre's figures indicate that only one in five victims of rape ended up reporting the assault to the Garda. I have no doubt that fear and lack of confidence in the legal process is a major reason for this. The delay in bringing cases to court is inexcusable. It frequently takes a year or more before the victim even knows whether the State will take a case. It can then take another year before it comes to court. In the meantime and throughout the legal process the complainant may get little or no information about what is happening as she or he is treated as just a witness for the State, which is the central protagonist.

Social and family pressures to keep it quiet can be overwhelming as victims very often know their assailant. This along with fear and trauma and uncertainty can win out over the need for justice in the long time the whole process takes. This must be urgently addressed. We have all read of many cases which collapse, perhaps on a technicality, and do not succeed. One was reported today which was quashed by the Court of Criminal Appeal because of certain information that became available in relation to a jury member.

It is vital data are co-ordinated. Geraldine Connolly, head of clinical services at the Dublin Rape Crisis Centre, said yesterday that the incidence of sexual violence is almost impossible to estimate. A research project should be established to gather and co-ordinate available information. It could also invite submissions and provide a safe forum for victims to tell their stories so that we can understand the obstacles to pursuing justice and inform public policy and action.

I want to address the issue of date rape and the use of drugs such as Rohypnol. This came to public attention again recently in the tragic case of the death of a young Irish farmer on a weekend trip to Prague. This and similar drugs need to be subject to stricter controls. The French government recently introduced such measures. Information from Rape Crisis Centres indicates that the use of such drugs for the purpose of sexual assault is increasing in Ireland. I urge the Minister to take urgent measures to address all aspects of this disturbing issue.

As the House will know, I am concerned about any increase or perceived increase in crime, in sexual crime in particular.

As the figures released yesterday by the Rape Crisis Centre point out, the incidence of sexual offences is difficult to quantify accurately. We should remember that a variety of offence types are being discussed here. We cannot assume that all of these offences increase or decrease in a uniform way.

To take just one example, child sexual abuse made up 51% of the calls to the centre's crisis line which could be categorised. Some 89% of those cases, however, had occurred more than a year before. The House will be well aware that some cases of child sexual abuse that have been reported in recent years can go back a number of decades. Because of the high number of historical cases now coming to light, we should be cautious about how we interpret statistics in this category of crime.

The ongoing work of the National Steering Committee on Violence Against Women, which is chaired by my colleague, the Minister of State, Deputy Mary Wallace, is making a vital contribution in addressing the needs of those affected by sexual crime. The network of rape crisis centres and the Dublin Rape Crisis Centre are both represented on this committee. The committee has held a number of awareness campaigns aimed at encouraging women to come forward and report incidents of violence, including rape and sexual assault. The committee has also endeavoured to raise awareness in society that such violence is a crime and it must stop. I am confident these campaigns will equally benefit the male as well as the female victims of sexual assaults. I record my deep appreciation of the outstanding work of the Minister of State on this committee.

It may be that the increased incidence now being reported results, in part, from these awareness campaigns and if that is the case this development is to be welcomed. Crimes of viol ence, regardless of the relationship between the perpetrator and the victims, should no longer remain hidden. It is vital we encourage victims of sexual crimes to come forward and receive treatment in a caring and sensitive manner.

The rape crisis centre's report also contains valuable information on the number of cases reported to the Garda Síochána and the outcome of them. The figures indicate that sexual offences are most likely to be reported if they are recent, and if they are committed by strangers, as opposed to persons known to the victim. In response to concerns over the progressive reduction between the number of crimes committed and the number which end in conviction, I recently commissioned and launched a study on Attrition in Sexual Assault Offence Cases in Ireland. This important study is part of my Department's ongoing research programme into aspects of the criminal justice system and is another example of my intention to improve the response of that system to victims of sexual assault.

Most regrettably the number of rapes reported to the Garda in recent years has steadily risen. While some of the increase may be explained by reference to historical factors, there has been undoubtedly an increase in the willingness of victims to come forward and report the offence. This is something we should all encourage. Unfortunately, it also appears to be the case that there are still a number of rapes which go unreported. In order to provide an effective deterrent against sexual offences, I recognise we must ensure the criminal justice system, and those outside it with a part to play, respond to the special needs of rape victims and make it easier for cases to come to court. Because the prosecution of rape cases presents particular difficulties for the victim, we must ensure a range of measures are in place to respond promptly and sympathetically to the victim's needs.

The discussion paper, "The Law on Sexual Offences", which I published in 1998, provided an opportunity for legislative stock-taking, following the many welcome and positive changes in recent years to the laws governing sexual offences. The Sex Offenders Bill, 2000, now nearing completion of its passage through the Houses of the Oireachtas, is the first fruit of that stock-taking exercise.

The Sex Offenders Bill, 2000, introduces radical new measures to deal with those who commit sexual offences. It also introduces, for the first time in our law, separate legal representation for complainants in rape and other serious sexual assault cases during applications to adduce evidence or cross-examine on the complainant's past sexual history. This measure shows the determination of the Government to do all it can to encourage the victims of these crimes to report and participate in the prosecution of those responsible.

The Garda Síochána and, in particular, the domestic violence and sexual assault investigation unit liaise with Rape Crisis Centres throughout the country and encourage early reporting by victims who contact the centres. In addition, the Garda Síochána research unit at the Garda Training College, Templemore has had a number of workshops with the Rape Crisis Centre and other NGOs on reconciling the statistics on sexual offences produced by the various agencies involved so as to more accurately assess the levels of reported sexual crime.

In addition to measures put in place by my Department, I understand that the Department of Health and Children increased the funding to the service providers dealing with the issue of violence against women to £8.3 million in 2001 from its original level in 1997 of £3 million. No doubt this will benefit the range and level of services in all regions. I am satisfied that the measures currently in place will greatly assist in addressing the problems of sexual crime and I assure the House that I will keep the subject under review.

The Dáil adjourned at 9.10 p.m. until 10.30 a.m. on Wednesday, 16 May 2001.

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