Review sets out suppor ts for alleged rape victims
ALLEGED rape victims should get free legal aid, a review of rape trial procedures to protect victims has found.
The review, sparked by 2018’s Belfast rugby rape trial, has recommended that complainants get access to independent legal representation.
The major review of rape trial procedures has also recommended new laws to provide for preliminary hearings, the fast-tracking of trials, and training of judges who preside over sex crime trials. It is also suggested that media reporting at rape trials is curtailed, as is public access.
Justice Minister Helen McEntee has pledged a ‘detailed plan of action’ to implement the 50 recommendations in the report within ten weeks.
The O’Malley report is finally published today following a delay of more than a year and a half.
Senior counsel and law lecturer Tom O’Malley was appointed to carry out the study in August 2018 by then-justice minister Charlie Flanagan shortly after Ulster rugby players Paddy Jackson and Stuart Olding were acquitted of raping a woman at a house party in Belfast.
The trial led to calls on both sides of the border for drastic reforms in the treatment of complainants in rape and sexual assault cases.
The Justice Minister has promised that a number of recommendations will now be prioritised.
These include working with the Legal Aid Board to ensure the victims of sexual crime can access legal advice; starting a public awareness campaign around the meaning of consent and completing the rollout of the Garda Divisional Protective Services Units across the country within two months.
This will ensure every division of An Garda Síochána will have a specialised unit for the investigation of sexual violence, human trafficking, child abuse and domestic abuse.
In addition, the drafting of legislation to provide for preliminary hearings to help avoid delay in sex crime trials is to be ‘prioritised’, while specialist training for gardaí and legal professionals, including judges, is also recommended to be rolled out.
Among the issues dealt with in detail in the O’Malley report are anonymity of victims and defendants, media reporting and public access to sexual offence trials. It also examines the investigation and prosecution of sexual offences and how such criminal trials proceed.
Ms McEntee will now immediately begin working with the NGO sector and stakeholders before presenting her detailed ‘plan of action’ to Government within ten weeks.
‘As Minister for Justice, I want to ensure that we can effectively tackle the scourge of sexual violence. We must ensure that all necessary supports are in place so that victims will feel safe and supported when they come forward,’ Ms McEntee 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. And I want the perpetrators of such crimes to know that the crime they commit will be reported, will be investigated and will be prosecuted.’
A similar report commissioned by the Northern Ireland government was completed in May 2019. It made 253 recommendations including restricting access to rape trials and free legal aid for complainants.
The report commissioned by the Irish government was due by the end of 2018 but was delayed.
‘A victim-centred approach is needed’