Dáil Éireann Debate, Tuesday - 8 May 2018
184. Deputy Eoin Ó Broin asked the Minister for Justice and Equality when he plans to commence the review of the legal protection offered to complainants in sexual assault cases announced in April 2018; and if an opportunity for persons and families affected by sexual assault and rape to provide an input into the review will be ensured. [19627/18]
Amharc ar fhreagraVictims have an important voice in any consideration of the judicial process, and this is particularly the case with vulnerable victims like children and those who have experienced sexual violence. I am very conscious that the judicial process should not be a source of further trauma to anyone involved, with respect to both the rights of victims and accused persons.
Much work has already been done to protect complainants in sexual offence cases from any additional trauma arising from the criminal process. An Garda Síochána have begun a programme of establishing Divisional Protective Services Offices with specially trained staff to investigate these difficult crimes. The Criminal Justice (Victims of Crime) Act 2017 has also significantly enhanced protections for victims of crime, including victims of sexual offences. The Deputy will also be aware that complainants in sexual offence cases can currently access legal advice in certain limited circumstances. This is given effect through the Legal Aid Board which provides a legal advice service free of charge to complainants in prosecutions for certain rape and sexual assault cases. A person seeking this service is not required to undergo a means test or to pay a financial contribution. A legal aid service is also provided in certain rape and sexual assault cases where the complainant’s prior sexual experience has been raised by the defence in the course of the trial. In these instances the Legal Aid Board will appoint a solicitor and a barrister to represent the complainant when the issue of previous sexual history is being raised and this service is also available without a means test.
Since announcing my plans for a review of the investigation and prosecution of sexual offences, I have been conducting a series of consultations with key stakeholders representing those affected by rape and sexual assault, including the Dublin Rape Crisis Centre, the Rape Crisis Network Ireland, Women's Aid, the National Women's Council of Ireland and One in Four. I invited these bodies to share with me their views of the current protections in place for victims, and where they have identified a need for further supports, including what, if any, further legal supports may be needed. The information they have shared with me is being collated in my Department and will inform the development of the Terms of Reference for the review, which I intend to finalise shortly.
