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LAST UPDATE | 6 Aug 2020
A LONG-AWAITED report into the prosecution of sexual offences has said that providing separate legal representation to victims would “risk upsetting the well-established balance” during trials.
The report recommends that victims be given their own counsel if they are giving evidence of their sexual history but that such representation should not be in place elsewhere during a trial.
In a statement this morning, Minister for Justice Helen McEntee said that “developing an ambitious implementation plan is a priority” on foot of the recommendations in this report.
The report was completed following a review into the legal protections offered to complainants in sexual assault cases. The review was carried out by a five-person working group that was chaired by barrister and law lecturer Tom O’Malley.
The review was instituted by the previous justice minister Charlie Flanagan following the high-profile Belfast rape trial in 2018. In that trial, Ireland rugby players Paddy Jackson and Stuart Olding were acquitted of rape, as were two others who had been charged with lesser offences.
The 140-page O’Malley report makes a whole host of recommendations around providing support for victims and the training of legal practitioners, but it does not recommend separate legal representation for victims throughout the entire trial.
The Dublin Rape Crisis Centre has previously said that victims can be essentially “on their own” during rape trials.
In the report, the working group said it considered the legal representation issue but that, of those consulted on it, “none of them urged us very strongly to recommend its introduction”.
The report says there “must be equality of arms, in so far as that can be achieved, between the accused and the prosecution” and that “the introduction of separate legal representation for one category of witness throughout the entire trial would risk upsetting that well-established balance.”
The report goes on to state that a prosecutor must not prevent the accused from the getting a fair trial and that any counsel appointed to the victim would also be subject to that same standard.
The working group notes that prosecutors are not allowed “coach” the victim or any other other witness and that this restriction “would apply to any lawyer directly representing a victim”.
Sexual history
Under Irish law, alleged victims giving evidence cannot be asked about their sexual experience with persons other than the accused, except when such an application is made and a judge grants permission.
If such an application is made, victims are entitled to legal representation during that application. The working group is now recommending that this legal counsel continues to represent the victim “while the questioning is taking place”.
The report further recommends that an application to engage in such questioning should be made at a preliminary trial hearing and that the Legal Aid Board “be immediately informed”.
“The Legal Aid Board, in turn, should endeavour to ensure that the victim is represented by counsel of a level of seniority similar to that of counsel representing the prosecution and defence,” the report states.
Addressing whether an “outright ban” on questions about a victim’s sexual history could be implemented, the report states that this could “create the risk of an occasional miscarriage of justice”.
“Any statutory provision restricting the questioning of victims about their sexual history must attempt to strike a balance between ensuring a fair trial for the accused and respecting the victim’s rights to personal privacy and human dignity,” the report states.
On the wider issue of questioning victims, the report recommends that judges, barristers and solicitors be given specialist training to help them understand the experience of victims of sexual crime.
Other recommendations
The report makes a number of other significant recommendations about the prosecution of sexual offences.
The report recommends that victims in all trials for sexual assault offences should remain entitled to anonymity, irrespective of the outcome of the trial.
Accused persons in all trials for sexual offences should also be entitled to anonymity unless convicted, the report states. This anonymity is currently only in place for rape or aggravated sexual assault trials.
“If convicted, they may be identified unless to do that would lead to the identification of the victim,” the report recommends.
A similar review of rape trials in Northern Ireland was published last year and recommended that only close family members of the accused and alleged victim should be allowed attend.
The O’Malley report makes a similar recommendation. Currently, members of the public can be excluded from rape trials but this report recommends that this be extended to “trials of other sexual offences”.
The report also recommends that existing legislation preventing the naming of the accused and victims be extended to include social media.
The report also calls for a “court familiarisation service” for victims who are due to appear as witnesses.
The report makes a number of recommendations to reduce the delay in prosecuting sexual crimes. Among the recommendations is drawing up a “guideline on discounts for guilty pleas”.
“Criminal proceedings are obviously expedited where the accused pleads guilty at the
first reasonable opportunity, thereby avoiding the need for a trial or for fixing of a
trial date,” the report states.
The publication of this report comes over two years after it was first announced by Flanagan and after a number of delays.
Implementation plan
Minister McEntee said that she wanted to ensure that the “scourge of sexual violence” can be tackled effectively.
“We must work together to tackle and reduce the levels of these terrible crimes, and where an offence is committed, and where a wrong is done, we must ensure that all necessary supports are in place so that victims will feel safe and supported when they come forward,” she said.
To do this, we must have in place a victim-centred approach. I want the victims of sexual crimes to know that they will be listened to, that they will be treated with respect and dignity, and that they will be supported throughout the process.
She said a number of actions recommended in the report would be immediately prioritised.
This included working with the Legal Aid Board to ensure victims of sexual crime can access the legal advice and support they need, drafting legislation to provide for preliminary hearings to help avoid delay in sexual offence cases and the establishment of a single course to inform victims of their rights and the services available to them.
The minister added: “The content of the report will need careful analysis to determine a swift and effective policy response and implementation plan. I am keen to commence work on a number of actions immediately, and look forward to working with stakeholders, frontline partners and the NGO community on this.
“Developing an ambitious implementation plan is a priority for me as Minister for Justice.”
Speaking to RTÉ Radio One’s Morning Ireland, Dublin Rape Crisis Centre CEO Noeline Blackwell said that many of the recommendations were welcome and it was important that they are acted upon to provide the best supports to victims of sexual crime.
“It’s a recognition of how different sexual offences are from other forms of crime,” she said. “The recommendations [in this report] have a clear pathway to implementation.”
In a statement this morning, the Council of The Bar of Ireland welcomed the publication of the report.
“Along with its recommendations, it is a vital and important analysis of the current criminal justice system’s approach to sexual offences and vulnerable witnesses, and it will be foundational in ensuring that the justice system’s approach to such cases is effective, humane and respects the fundamental tenets of fairness before the law,” the Council said.
“While we broadly welcome the recommendations set out in the report, we would also caution that the provision of adequate resources and funding for the recommendations will be critical to the successful reform of the current system.”
- Additional reporting by Sean Murray, Hayley Halpin, Peter McGuire and Noteworthy.ie
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People have not forgotten about Rabbitte, Burton et Al – Labour will be consigned to the dustbin of history after the next general election. Connolly and Larkin would turn in their graves.
@McMurphy: does anyone know Ivana tinkle
@McMurphy:
You do know they are dead?
Connolly was a wife beater and Larkin did a runner with the union funds.
@H Woo: Of course he knows they’re dead, he said turning in their grave, can you provide evidence of the claims you’ve made or are you just making up stuff in your little brain
Liebour’s pledges, for those with short memories , say what you will to get elected and then , bite the hand that feeds you. All for water charges Kelly, Burton for attacks on single parents and not forgetting Pat R for say what it takes to get elected and then you know your self, renege. We’ve heard it all before.
Well sure we only need to look at Fine Gael and Labour’s biggest house building strategy in the history of this state in 2015, still waiting on it and that is why Labour is where Labour is.
@Brian D’Arcy:
Shira Fein have not met their home building promises in the six counties yet again.
@H Woo: I presume you were attempting to say Sharia but as you failed in that, there is no point in attempting to educate you on how the Irish were treated just like peoole like treat Muslim’s now, those who forget their history are doomed to repeat it.
@Brian D’Arcy: And what do you have to say about the way Muslims have treated non-Muslims throughput history? Stop elevating Muslims to some uniquely persecuted class. They’re not. And they certainly can not claim any higher moral authority than others.
@Brian D’Arcy: it’s called auto correct. Islam is a cult, even more dangerous than the Catholic Church ever was. They do the exact same thing to children and will slay any non believer in their path.
‘90% of primary schools still under to control of religious orders’
Indoctrination plain and simple. Can you imagine any other organisation with their track record being let anywhere near a school again?! Not a hope. Unfortunately we’ve still far too many passive, go with the flow types allowing this to continue. Religion should be an adult decision. If you are grown up and decide to join up then fair enough. Polluting kids brains with anachronistic Bronze Age rubbish is wrong on so many fronts.
@SerotoninWars: governmental indoctrination is no less dangerous
@Oh Mammy: There are many forms of abuse and bad practise for sure. The tension between aspiring for widespread human rights and the fact some people will find it offensive is a problem without a solution. The best we can do is have open and democratic societies with a big space for discussion and expression. The line between one persons right to express their opinion and another’s right to not be abused or bullied is very thin though. It’s tightrope stuff that needs continuous attention.
@SerotoninWars: as I simply said, governmental indoctrination is no less dangerous than any other type of indoctrination.
@Oh Mammy: Life, ethics, politics, beliefs, standards and morals aren’t simple though. They’re evolving, sometimes devolving areas that are usually contentious to some group. Governmental indoctrination is far too vague a term to reply with a basic yes/no answer. There are groups who believe in zero government, no laws, no guidelines whatsoever even if there are usually a few areas most people agree we should have some common laws and standpoints on. Indoctrination is a highly subjective term. Taking humans at their youngest, most malleable stage and filling their heads with some very strange and specific beliefs that wouldn’t be given the time of day if they didn’t fall under religion, is indoctrination though, no question.
@SerotoninWars: I say this as an atheist who requested an opt out of religion for my kids, I think there are more pressing issues with schools, lack of teachers, lack of places for children with additional needs, lack of spaces in general for children in their areas.
While a child may have to attend a school with a religious ethos, I don’t know any schools now that force the issue. I know plenty of parents who opted out their children from doing religion, and found it was parents wanting their children to do religion so they could have the “day out” for communion and confirmation. Local school had looked into divesting and it was actually the parents that voted against it.
@SerotoninWars: I’d also add, would you say the same to a family who strictly adhere to the Muslim religion? Female children wearing a hijab in primary school, who practice Ramadan?
@Mary Kelly: I understand where you are coming from on some levels. Also that people are finding life pretty exhausting as it is, so taking on more fights especially when it involves sticking your head above the crowd, is a bit of a pain. But there’s also the reality of the situation. Can you imagine ANY other vested interest group with THAT track record being allowed to swan in and present theirs highly partisan, hugely strange take on life and existence at such an important developmental stage? It’s crazy!
Anyone who is willing to give up that amount of power and control for a ‘day out’ is a lazy sheep who honestly doesn’t really deserve consideration in a serious conversation.
@Mary Kelly: I would say the same to everyone.
Including those who practice their version of Lent (Ramadan).
@Mary Kelly: Yes, I would, 100%. I’ve met plenty of nice Muslims who like many Christian’s go along with it because it’s always been there, they grew up with it, had it drilled in from an early age etc. Pure inertia comes into it too. But I feel very strongly that this should be an adult decision. Not something foisted on kids. They are too young to have this big label slapped on them when they don’t have any of the life experience or knowledge to make an informed decision. It’s an abuse of power forcing kids into any unscientific, unverifiable and highly dubious faith.
@SerotoninWars: I agree there should be no religion at all in schools, that this is something that is part of children’s home life. I never had a problem in my kids schools requesting an opt out from religion, principal kids were opted out too, it was actually other parents commentary and the lame excuse of pleasing grandparents and thinking their kids would miss out. Most of the kids hadn’t been in a church since their own baptism. I recall in my eldest sons class a parent telling me I was mean spirited for not letting him do his communion, I said he was worshipping the gods of football as we brought him to a premiership game the weekend of the communion! 9 years later and none of his mates remember anything of their day but he remembers his trip
@SerotoninWars: Given the track record of the church and reluctance to pay any compensation to their victims, the schools should be simply taken off of them and put under 100% state control.
A few (10% ?) can be left for the parents still living in the past and that’s it.
In 10 years, all religious managed school should be 100% privately funded.
@SerotoninWars: ok, point towards the evidence that stipulates how earth and man kind was created if it wasn’t by a ‘god’
@Wolfgang Bonow: I take it you don’t seek medical treatment in the majority of Irish hospitals in the state?
@Wolfgang Bonow: I’m a life long atheist and I really don’t know if giving the state 100% control over our kids minds is such a good idea. Not least because of what we’ve seen recently with the Family A debacle. Truly frightening.
@SerotoninWars: No such thing as nice muslims when it comes to what prevail. The Quran is clear, Islam first, everything comes after. Of their goal is to spread Islam, they won’t spare you. Most monotheistic religions are bad, Islam takes the lead for the last century. The only religion who shakes hands with Hitler and promised him to remove from life all the Jews they could find.
@Mary Kelly: Yes I can imagine! On this one issue I get why the believers have a problem too. It’s a bit daft to do nothing, attend nothing, put nothing into practise and then show up for the photo opportunities! It’s wishy washy to put it as nicely as I can. Maybe some would argue that it’s good that the control has lessened but what’s the point of doing the the Hollywood stuff if you don’t even believe in the rest of it enough to shake a leg the rest of the time? Why put the kids through it and sign them up for membership of something with a history like that? Again it’s impossible to separate it from the stories we’ve heard this week, on the back of many many others over the years. Although I’m not sure I’ve read anything as extremely depraved as the stuff that came out this week. I’m not easily shocked but that was a level of brutality, barbarism, exploitation and perversion that truly sickened. Pure evil.
@Wolfgang Bonow: With their track record there should be a barring order. I get that there’s some kind people in there but when the worse possible abuse has been that institutionalised and so recently, it’s simply insane that they get to have such a huge involvement still. The sole reason is that they fall under the big ‘R’ and get all of the allowances, validation and unearned respect that incredibly, still come with the territory and uniform.
@Alex: I’m not into religion at all. However I can separate the people who fall under the cultural and traditional umbrella of the religion they fell into, from the die-hards, literalists and people who only want the most regressive of steps taken. I’m not saying it makes sense how people can turn such a blind eye and cherry pick. But there are so many like this, in all religions. They want the nice bits and ‘the hope’. I might not agree with them but I’ve met too many decent people to castigate all of them as bad individuals, as opposed to banine passengers hoping for the best, as they understand things.
@Wolfgang Bonow: another clown
@SerotoninWars: so how do you explain the creation of earth and all mankind etc?
@Niall English: There are huge amounts of information out there about evolution, planet formations, star formations, physics, biology and so on. far too much to fit into a quick response here. We already cleared one hurdle with our understanding of evolution and how life modifies and adapts over time.
We don’t have all the answers. No one would claim that but over time we have been slowly but surely getting rid of our superstitious and irrational beliefs about why certain things happen and occur. Perhaps some questions are too big to know the full answer to. This doesn’t mean we get a free pass to insert any wild theories we want in there. We can think about them and test them of course but incredible claims require incredible evidence. That is sorely missing from the god theory. It doesn’t add up on so many fronts and simply opens another set of arguably even bigger questions to answer. In the context of this thread, I was referring to the supposed representatives of ‘god’ who aren’t exactly the best advertisement for organised religion.
Why is labour supporting people to stay in free state funded accommodation, who have lived for free there for years, have had their chance to build their lives (and savings) over those who have newly arrived and stuck in hotels and renovated offices?!!
@Mary Kelly: Give it over!
@Patrick Hamill: Great rebuttal, Patrick. You truly are a master(de)bater.
@Mary Kelly: They shouldn’t even be there in the first place, Mary. European countries who opened their doors have learned the hard way and Ireland will follow suit. Hard right govt incoming within five years. Watch this space.
We all know what Labour election promises are worth:
https://www.reddit.com/r/ireland/comments/14r5ay/pat_rabbitte_isnt_that_what_you_tend_to_do_during/?utm_source=share&utm_medium=mweb3x&utm_name=mweb3xcss&utm_term=1&utm_content=share_button
A jurno some time back asked Comrade leader of the Labour Party about her choosing to use private fee paying schools.
I missed the answer she gave?
What is this nonsense. Woman is having a flaming giraffe.
Labour, are more right-wing when they get into power that FG, as we have seen in the past… and if they get into power after the next Election the country will pay for years
Not a word about climate change. Typical.
@Brian O’Brendan: I’m not surprised given that Ireland is responsible for 0.004 of the worlds green house gas. Almost nothing we can do about it.
@Dave Grant: If every small place worked in unison we could make a big difference. A 1000 voices make a big choir. Don’t belittle yourself or the power of your actions.
@Sean O’Dhubhghaill: 0.004 Toral
@Dave Grant: Wrong, of course.
@Sean O’Dhubhghaill: id rather enjoy living my life as opposed to worrying about what rubbish goes in what bin. 9% of the world’s population recycles. take a trip to Africa and have a look at their waste management programs.
@Niall English: Horrible attitude to have, I’d say your house is a tip
@Niall English: exactly. Worrying about nonsense
@Niall English: Surprisingly, I lived in Africa for 2 years. NOTHING WAS WASTED!
Double the dole for slappers if they go on the pill or IUD.
That will end child “homelessness “
@Paul: An now Paul.
Shur you would not be with us then.
@Paul: Disgusting
Labour can spout whatever they want but they will NEVER get a sniff of a vote from me ever again, lies lies lies, that’s all they have to offer.
Can we comment now? …fantastic, how nice of you
Who or what is Labour?
Is that her 1st time on da northside?
Labour can say what they like because they will get a chance to implement anything… Muppets.
Remember what they did for a bit of power. And it does not add up: ending child homelessness… Or ending Homelessness when you have children ? But not the others ?
Typical leftists. Don’t trust them
Of course they will.
Nope
In all fairness we won’t have divorce abortion free love without labour, keep voting gfg and u will kill your your choices
@Robert Halvey: What?
@Robert Halvey: in fairness free love is what it says free.. the other two had to be achieved through years of hard work and the will of the majority of the people voting for it instead of being told by religious nut jobs what people should do with their lives … you know the types that have ran schools for years
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