17 June, 2015

 

Ladies and gentlemen, thank you for inviting me to launch your Annual Report for 2014.

Dublin Rape Crisis Centre

The Dublin Rape Crisis Centre continues to occupy an important and essential place in Irish Society, offering a vital resource for women – and men – who have suffered a sexual assault.

Being heard.

Being listened to.

Being believed.

Getting advice.

That's what people after a sexual assault desperately need - and all are delivered by this centre, every day.

They are what give victims the chance to recover belief and hope in themselves. In many cases this leads to them being able to begin or follow through the process of holding the perpetrator of the violence against them to account by reporting to An Garda Síochána.

When I was Minister for Children & Youth Affairs, I reflected on the grim reality that child abuse doesn’t go away.

As Minister for Justice, I find myself having to reflect on the same reality when it comes to sexual violence across the board.

It just doesn’t go away.

But that doesn’t mean that we should not try to do all we can to reduce its prevalence, to support victims and to ensure that nobody suffers in silence. Ensuring the reporting of rape and sexual crime is vital.

Your 2014 Annual Report tells of an 11% increase in calls relating to all forms of adult sexual violence, including rape, sexual assault, sexual harassment and trafficking and a 13.8% increase in the numbers of calls relating to adult rape compared with 2013 figures.  There is also evidence of more people reporting to An Garda Síochána.  

In one sense, while these figures confirm the prevalence of rape, such increases in reporting may also point to a success in raising awareness of sexual violence services and responses and in de-stigmatising sexual violence.

The National Strategy on Domestic, Sexual and Gender-based Violence envisaged that such increases would be signs of progress in tackling these appalling offences.

That people who have been sexually assaulted could not bring themselves to report the crime committed against them is, of course, not a reflection on them but on the fact - based on the experience of others, that they wouldn't be believed, wouldn't be helped to take action lack to repair the damage inflicted on them. 

These days, more people are more willing to seek help and to report assaults against them. That's an encouragement. It is a small encouragement

Just as the high-profile relaunch of Children First guidelines in 2011 led to an increase in reporting of child protection concerns, a continuing high-profile public debate on the evils of sexual violence should encourage more victims to come forward. I hope the heroic campaigning by the likes of Mairia Cahill will provide strength and inspiration to more women to report their suffering.

Because too many, far too many, still suffer in silence.

As Minister for Justice, I will do all I can to strengthen the laws against sexual and domestic violence, to support the policing response to such crimes; and to enhance services and support for victims.

But the law is only the beginning. Next comes the police officer who deals with the incident. In November 2014, the Garda Inspectorate made a detailed report identifying key deficits in the way An Garda Siochana investigate crimes. One of the big, big gaps was in victim support. It wasn't the only gap, but it was one of the ones that worried me most. Bad enough to be the victim of a crime without then encountering what feels like an uncaring police service.

The Garda Commissioner, fortunately, moved quickly on this one, setting up Garda Victim Service  so that victims wouldn't just meet the Gardai early on and then feel like they'd been abandoned. The aim - now - is to provide a continuum of care, an unbroken stream of contact and data-sharing, through the Garda Victim Service Offices for all victims of crime, including victims of sexual and domestic abuse.  The offices are staffed by dedicated, specially-trained personnel who will keep victims informed of all significant developments in their case.                                              

By the way, while I'm on the theme of supporting victims… you will be aware that the EU Victims Directive is due to be transposed into Irish law and practice by November this year.

I hope very shortly to bring proposals to Government for Ireland’s first ever Victims Rights Bill. It will facilitate implementation of the EU Directive.

I recently hosted two roundtables on this bill, firstly with the directors of the key criminal justice agencies and secondly with groups working with victims, including the Dublin Rape Crisis Centre

These were constructive, engaging and informative events and the feedback from participants is proving most valuable in informing the finalisation of the new bill.

Domestic Violence legislation

I also intend shortly to bring the heads of a new Domestic Violence Bill to the Government with a view to enacting this bill, which will update, reform and consolidate Ireland’s domestic violence legislation, by the end of the year.

Istanbul Convention

In addition, I will shortly seek Government approval to sign the Council of Europe’s Istanbul Convention on preventing and combating violence against women and domestic violence, together with a multi-annual action plan which will enable Ireland to ratify the Convention.

Criminal Law (Sexual Offences) Bill

I note from the annual report today that an area of particular concern to the DRCC is the so-called phenomenon of sexting - self generated images being produced by minors and then being uploaded.

I have expressed my concern at this and other electronic and web-based exploitative behaviours. The Criminal Law (Sexual Offences) Bill will update the law in this area and provide, among other matters, for the further protection of children and vulnerable persons against sexual exploitation and abuse and, in particular, protect children from unwarranted and unwanted advances.  There will be, for the first time, provision specifically targeting the use of modern communication technologies as a tool in the sexual exploitation of children.  The new legislation recognises that seemingly innocent contact through social media or messaging apps can be the initial steps in the sexual grooming of a child.  There will also be an offence of using information and communication technology to send sexually explicit material to children.  These offences recognise and target the threats which modern communications technologies can pose to children. 

The disclosure of counselling notes in the context of criminal proceedings is also addressed in the provisions of the Bill.  I am very aware of the concerns of the Rape Crisis Centre in this matter.  I appreciate the invaluable contribution you have made to the formulation of proposals to improve the situation.

The Bill is priority legislation and is currently being drafted.  I envisage that the Bill will be published by the Summer and brought before the Houses of the Oireachtas later this year.

In addition, I have, just last week, published the Revised General Scheme of the Criminal Procedure Bill.  The primary aim of this Bill is to reduce delays and increase the efficiency and fairness of the criminal trial process. The Bill will provide for new Preliminary Trial Hearings to allow for procedural arguments which arise during trials at present to be dealt with before a jury is empanelled, thereby saving time and allowing juries to focus on the facts of the case.  This is expected to have a particular effect in relation to the disclosure of previous sexual history in rape and sexual assault trials.

DNA Database & Sexual Assault Treatment Units

Another significant development in relation to the investigation of sexual offences is the enactment of the Criminal Justice (Forensic Evidence and DNA Database System) Act.  This Act will provide another tool to enhance the forensic capacity of An Garda Síochána.

Up to recently a person attending a sexual assault treatment unit in one of the six locations around the country might agree to the collection of forensic evidence from their clothes and their person which would be taken into the custody of An Garda Síochána to assist in the investigation and subsequent prosecution of the offence.  Alternatively a client might attend the unit but would not wish to report to An Garda Síochána.  In such cases forensic evidence wouldn't be collected because there was as no Garda member to take charge of the evidence. 

I am happy to report that another approach will shortly be available to victims of sexual assault and rape.

Where a client may not wish to report to An Garda Síochána initially, they will be able to consent to have forensic evidence collected from them by the forensic medical staff of the unit and have the evidence stored by the Sexual Assault Treatment Unit for up to a year. During this time they may decide to report to An Garda Síochána and the stored evidence can then be transferred to Garda custody for use in the investigation. Protocols agreed with An Garda Síochána and the Office for the Public Prosecutor will ensure the evidence collected, stored and later transferred will meet all the evidential requirements for prosecution.  The protocols will also address the disposal of the samples where the client does not report within the year.  

In recent weeks I confirmed that I would provide the funding necessary for the purchase, monitoring and maintenance of the equipment required.  DRCC played a key role in this. Fighting for that funding was just one of a range of -- of the gestures of commitment and dedication to your clients that this report reflects. 

I'm delighted to be here for its publication and you know I will continue to support you in whatever ways I can.

ENDS