A ‘chilling’ message to rape victims
Support group says trial will make abused women less likely to report sex attacks
THE gruelling nine-week trial will make victims think twice about coming forward with rape allegations, a women’s support organisation has said.
Safe Ireland, a group that works with violence against women, said the case will have ‘a dangerous chilling effect on women coming forward with accusations of rape and violence’.
Speaking to the Irish Daily Mail, Caitriona Gleeson said: ‘The procedures of this trial have to be called into question, and the length of time that the victim was subjected to cross-examining. I understand in England that this kind of cross-examination would not be acceptable, so there are obviously different rules in different courts.
‘The big question is to be able to uphold a balance of rights, but also to be able to encourage survivors of violence to come forward. We would say to anybody who has experienced any form of sexual violence, or any forms of abuse, particularly in intimate relationships, to know there are support services, not just court services, to help as a listening ear.’
Ms Gleeson said her organisation is ‘very concerned’ about the ‘effect this ruling would have today’ on anybody who has survived rape and is contemplating coming forward. ‘I think victims will think twice,’ she added.
Meanwhile, Senator Ivana Bacik said the trial process is typically not as difficult for women in the south. She said: ‘Speaking as a lawyer and legislator, we have to look at our own process and procedures, certainly not to be putting victims through unnecessary re-traumatisation in trial procedure.
‘Some years ago, some colleagues and I did active research into the process in Ireland and we made recommendations. Obviously, in this jurisdiction, it’s different to Northern Ireland. We do have more protection for the specific complainant. I think some of our rules are fairer around identification, a process is not as traumatising here,’ she added.
‘I think it would be important to reassure people in this jurisdiction [that] they should still come forward. It’s very important they do come forward to report the abuse or rape. Our procedures are more robust.
‘We have some provision for separate legal representation of victims in rape trials, which came about after our study. I think we could look at expanding that to give more protection to victims. I’m not saying it’s perfect, but I think victims should be reassured that they are more protected.’
The Rape Crisis Centre said it is concerned about the effect the trial will have on women who want to report a rape. ‘Those who report in cases where the defence claims the sex was consensual will be afraid of the treatment they may receive in court. And yet, if complainants don’t report, rapists will not be brought to justice. If rapists are not brought to justice, those who are harmed are not vindicated and our whole society is less safe. If people are innocent of the rape, the courts should be the best place to vindicate the rights of the innocent person,’ the centre said in a statement.
The statement said that extra support should be given to people who make allegations, without interfering with the rights of the accused. It added: ‘It is perfectly possible to allow complainants to have their own legal support in court to allow them to prepare for, and to understand, the process they are facing without impinging on the rights of the accused.’
‘Victims should still report abuse’