I move:
That Dáil Éireann:
notes the World Health Organisation (WHO) states that gender-based violence is a global pandemic and the greatest threat to the health of women and girls worldwide, a woman or girl is killed by a partner or family member every 10 minutes;
in this State:
— since 1996, 274 women have died violently, up to 7th February, 2025;
— 52 per cent of women have experienced sexual violence in childhood or adulthood;
— 35 per cent of women, have experienced psychological, physical and/or sexual abuse from an intimate partner;
— in 2023 Women's Aid recorded 40,048 disclosures of abuse;
— Gardaí responded to over 65,000 domestic abuse incidents in 2024, of those 1,600 reports occurred over Christmas week;
— the LGBTQ+ community reported an increase in queerphobia; a person's sexual orientation was the motive in one in six hate incidents reported to Gardaí; and
— 28 per cent of men have experienced sexual violence in their lifetime;
further notes that:
— only 5 per cent of those who experience sexual violence as an adult reported it to Gardaí, of these it is estimated that just 14 per cent make it to trial;
— victims/survivors of sexual violence have spoken publicly about how harrowing their experience of the legal system is, many characterise it as a second attack or even worse than the original attack;
— despite the Government's claim to have a trauma-informed and survivor-centred approach, complainants face traumatising legal impediments, such as:
— the use of character references in support of those convicted of gender-based violence which can grossly re-traumatise victims and are especially inappropriate considering the dynamics of gender-based violence, recent legal changes requiring sworn testimony with references does not reduce that trauma and can actually compound it;
— the accused has the ability to request access to counselling records of complainants, this has been highlighted by victims/survivors as being extremely invasive and traumatic;
— the Citizens' Assembly on Gender Equality in 2021 called for the exclusion of counselling/medical records from evidence;
— the knowledge that counselling records can potentially be accessed results in many victims/survivors postponing essential treatment, dropping cases, not reporting offences; it therefore represents a gross invasion of privacy, an attack on the right to timely treatment, and on the ability to seek justice;
— counselling records have no credible evidential value, but serve to intimidate or discredit complainants; and
— other jurisdictions afford privilege to therapist-client consultations; and
— the use of rape myths about clothing, sexual history, mental health, alcohol, or drug use, in court to discredit victims; every time a victim is blamed, or their experiences undermined, all those who have experienced gender and sexual violence are damaged and the culture that enables abuse is fostered; and
calls on Government to treat gender-based violence as the epidemic it is and immediately act to:
— end the practice of character references before sentencing for those convicted in cases of gender- based violence;
— protect confidentiality, the right to privacy and therapeutic healthcare for victims and immediately legislate to prevent access to counselling records by the accused and their defence team;
— provide advocacy and representation for complainants in the court process;
— ensure that there is compulsory training of the judiciary and juries regarding sexual and gender-based violence and end the ability of rape myths and victim blaming being put by defence legal teams in court cases;
— invest and recruit court personnel, so nobody has to wait more than a year for a sexual assault, rape or gender violence case;
— introduce educational programmes in schools, colleges and the wider society to challenge misogyny and gender violence;
— introduce mechanisms to recall and make accountable judges who make misogynistic and insensitive rulings;
— move to implement "Valerie's Law", to remove any guardianship rights for those who kill the other parent of their children;
— femicide and intimate partner violence training for Gardaí; and
— introduce a domestic violence register "Jennie's Law", to make available information about anyone with a conviction for domestic violence.
I want to begin by welcoming the survivors of gender-based violence and the families of victims who are in the Gallery. The fact that there are so many people here is testament to the urgent action needed on this. The Minister spoke recently about knife crime and asked whether the streets of Dublin are safe. Women are safe nowhere in this country. Women are not safe on the streets, in their homes, at work or even when they sleep, as we know from so many examples.
This morning we wake to find yet another woman, at 82 years of age, seems to have been a victim of murder and a man has been charged. Six women have been murdered at the hands of a man in this country within an eight-week period. We have an epidemic of gender-based violence globally. It is recognised by the World Health Organization, WHO, that the biggest danger to a girl or woman in this world is violence against them. Every ten minutes, a girl or woman is murdered by a male relative, partner or family member. That is an incredible statistic. All of the statistics relating to this State are provided in the motion; I will not go through them again.
Suffice it to say, there has been a record number of calls to Women's Aid and a shocking increase in the number of calls to the Garda, something that emerged in replies to parliamentary questions to the Minister. There have been 65,000 disclosures. This crime is practically unpunished and unreported. Only 5% of adults ever disclose or report to the Garda if they are an adult victim of sexual violence and only 14% of that 5% ever get to prosecution.
Today, people have gathered here who have succeeded in getting a trial. What are they telling us? One survivor, Sarah, said that after a violation of her bodily integrity, our courts allow a second violation to be carried out on persons who are already in such a vulnerable state. She went on to say that the cruel irony is that the greatest blow often comes, not at the hands of our attacker, but from a system designed to protect the victims of crime. Is the Minister listening to what people are actually saying? They go to the trouble of reporting the most personal injury to themselves, and find the second trauma is the court and legal system. I ask him to take that on board and listen to what people are saying.
One of the most positive developments we have seen in the past year is that women and men - we also have male survivors of gender-based violence here today - who go through this process then decide to waive their anonymity. They come out onto the court steps and describe what they have been through. They do that for a reason, namely that they do not want anyone else to go through the same thing. That is why they should not have to do this. Such is the horror of the misogynistic court process and the injustice of our justice system, they are breaking the silence. In the words of the inspirational Gisèle Pelicot, "Shame must change sides". Survivors want today to be a turning point. They thought they had turning points before. Promises were not kept and change did not come, but this has to be a turning point now.
The motion outlines the scale of the problem. We have to name the issue clearly because some, such as those, for example, on the far right, are trying to use this issue to stir up racism and division. This is essentially a problem of male violence. It is rooted in the patriarchal family structures created by capitalism, male supremacy, entitlement and gender inequality. It is rooted in the idea that men have the right to control women and their bodies. Macho culture is not decreasing; it is actually increasing. We know the statistics relating to the Internet. It is promoted to young boys within minutes of setting up a TikTok account. Not a thing is being done about that.
It suits the system now, as we see writ large in the US, to promote misogyny, homophobia, transphobia and, of course, racism. This is seen perfectly in the US, where violent sexual predators are in leading positions in that administration. The ultimate male entitlement is exemplified in femicide, that is, the idea that a man owns and controls a woman's life and that she must be killed. We have to challenge those ideas and the culture of misogyny that lends itself to violence against women and girls.
Gender-based violence has a brutal reality and impact on the lives of people. A large majority never report it and those who do report it do so to stop other people. Every time someone is believed or there is victim blaming and a man is praised as being a pillar of society when behind closed doors he is completely different, that is extremely damaging and increases the culture of gender-based violence. Successive Governments have failed to do anything about this issue and the brutally misogynistic legal system.
Any time change is asked for, there is always a compelling reason put forward by the Government as to why it cannot be done. We are told about the Constitution.
Why are all these rape myths, like those about clothing, contraception, fake tan, relationships the victim may have had and the fact that they took drugs or drink, allowed daily in our courts? What is the Minister going to do about it? This deeply misogynistic thinking about what women wear, etc., is extremely damaging.
A couple of issues have emerged as being particularly prominent for many of the survivors of the court process. I will start with the first, which is character references. We have to begin by saying that gender-based violence is a unique crime. The perpetrators are master manipulators. Nobody knows what they are like in private, in their relationships or in their encounters with people. Two weeks ago, 35 references were trotted out for a garda who had sexually assaulted a woman twice and falsely imprisoned her while on the job in a Garda station. Among those references were some from, we think, gardaí. I have spoken to that woman. She does not know who wrote those references, but it was extremely damaging and traumatising for her. I read yesterday a report of seven testimonies - I think they are changing the name of them now because they know how damaging the term "character reference" is - for a child rapist, somebody 50 years senior to the victim. This is going on every day in the courts. What is the purpose of these references? They are utterly irrelevant. They are written by unqualified people. There is no recognition of the dynamic of gender violence or of the fact that the perpetrator cultivates a persona. There is a brilliant description by one survivor that these references testify "to nothing more than the mastery of manipulation skills the sex offender has". The whole modus operandi of a sex offender is that. A recent change was made whereby people can be cross-examined if they write a reference. That is not enough. That is absolutely worthless. What benefit is it if 35 people traipse up to the witness stand to testify? It could actually be even more damaging. We need to say that these references have no place in court. They are not relevant to a fair trial.
The other issue is counselling records. This has emerged as a really traumatising issue for many people. A communication was sent around to TDs yesterday. I want to read out a snippet of the words of Hazel. She says she has worked so hard to rebuild herself, to get to know the new her, since the morning she was raped. She talks about the benefit of counselling with the rape crisis team. She says she never knew that "my thoughts, my fears, my shame, my turmoil shared during the safety of my counselling sessions could be shared with ... the person who did this to me." Why is this going on? Seriously. It has increased since 2018, since the change was brought in, since section 19A was brought in. Section 19A is a joke. It has not been used. The onus has been put on the victim to just give their notes. If they do not give their notes, they are told their trial will be delayed and told it will just bring more hassle for themselves, and they therefore just give them. What evidence is procured from a therapy session that is vital to somebody's right to a fair trial? I would die on a ditch for people's right to a fair trial, but the notes are made by a therapist and are not even from the person. They are a therapist's notes of what the person said. Therefore, they are third-party notes. I do not even know why they are admissible.
What about the right to privacy? What about the right to seek healthcare, to seek therapeutic care, for yourself? That is in the European laws that are enshrined. I have heard our Constitution cited, specifically Article 38.1, which states, "No person should be tried on any criminal charge save in due course of law." How is anything that can be got from a therapy session necessary for the due course of law? I have not heard yet one viable example. We can ascribe a lot of things to Éamon de Valera but I do not think he was sitting down in 1938 writing Article 38.1, thinking, "Must have therapy notes for the right to a fair trial." We have to completely challenge the reality. I have spoken to many representatives from the rape crisis centres and they say that they do not understand why due course is being interpreted in this way and that there is no credible evidence. Let us be frank: this is being done only as a chance to find something, some nugget, to undermine the credibility of the victim. It is being done for no other reason. The mere possibility of these notes being used, by the way, is deterring people from pursuing cases and from seeking counselling and is creating huge trauma, so I do not think an amendment will do. We need to outlaw this. For example, in the US there is therapist and client privilege. We need a similar situation here. People have the right to seek help. This is just misogyny writ large.
I will move on to the Government's response to the motion. Obviously, we are all happy that the Government is not going to oppose the motion, but I hope it is not just killing it with kindness. The Minister mentioned in the media coverage that some of these things are being looked after by the Government and that we should leave them in its hands. That was kind of the impression given. However, people have left this in the Government's hands for long enough. The Minister also mentioned, and I want to talk in particular about, the Judicial Council. He said that the Judicial Council is solely responsible for some of these things. No, I absolutely do not accept that the Judicial Council, which is made up solely of judges from the Supreme Court right down, should be left to self-regulate, as if that has worked so well. How is the idea that they should decide what they do a proper system with input from ordinary people? We need accountability. We need training of judges and legal teams about rape myths. That is not compulsory. We put in a parliamentary question about this. There is no monitoring as to how many people do it and there is no record kept of how many people go. It is just there; it is a case of take it or leave it. In what other job would one be allowed to just pick or choose whether or not to go to professional development that is absolutely vital to people's lives?
The Minister has referred to zero-tolerance strategy. There was so much fanfare about zero tolerance a few years ago following the horrific, tragic killing of Ashling Murphy. There were so many promises that so much would be done. There is not even zero tolerance of violence against women in political parties, so let us be frank here. Even in the Minister's own party, people who have carried out violence against women have been selected.
I want to mention other laws that need to be enacted. I am sure the Minister is well aware of Valerie's law. We also have-----