The Rape Crisis Network of Ireland has welcomed the recent decision to assign four High Court judges to the Central Criminal Court, which may help to address a backlog of rape and murder trials.
However, the network has also called for more accountability from the Director of Public Prosecutions. The DPP should give reasons when deciding not to pursue individual rape cases, according to Ms Kate Mulkerrins, barrister and tutor in criminal and company law at NUI, Galway.
Ms Mulkerrins, who is associated with the Rape Crisis Network of Ireland (RCNI) and the Galway Rape Crisis Centre, was the main speaker at a conference in Galway yesterday on legal issues relating to sexual offences.
Ms Mulkerrins said that under the current system the background to such decisions is conveyed by the DPP to the gardaí - but not to the victim. This can have a very negative effect on a victim, she said. "I accept that the DPP may have particular difficulties in doing this, but it is very difficult for people who have suffered sexual abuse to have closure if they are not told why a case is not being proceeded with." In many situations, this was due to lack of evidence. Ms Mulkerrins quoted a Supreme Court decision in 1994, which ruled that the DPP was not compelled to give such reasons. The case, DPP versus H, involved the mother of a child who alleged that her son had been abused by his father in another jurisdiction. When the DPP decided not to proceed with the report to gardaí, the mother sought a judicial review to find out why. The court heard that if the DPP gave a reason in one case, he would be expected to do so in all cases.
A report published several months ago by the Dublin Rape Crisis Centre showed that only about 3 per cent of all contested rapes resulted in a conviction. It showed that some 31 per cent of rape victims reported the crime; and, of those who did, just 9 per cent of cases resulted in convictions. The Sexual Abuse and Violence in Ireland (SAVI) report was prepared for the Dublin Rape Crisis Centre by the Royal College of Surgeons.
By explaining why a decision had been taken not to proceed, the DPP would also be exposing the inadequacies of current legislation on rape and sexual assault, Ms Mulkerrins said. Claims of "consent" and of "subjective recklessness" can be used as a defence, and the case for reform in these and other areas of the law was outlined by Mr Conor Hanley, lecturer in criminal law at NUI, Galway. The two-day conference, hosted by the RCNI, will today hear a presentation from Prof Tom O'Malley, professor of criminology at NUI, Galway, on the subject of delay. This relates both to the difficulty in prosecuting old cases and delays within the current system.
Yesterday, Ms Janice Ransom, projects manager with the RCNI, welcomed the recent Court Services decision to assign four High Court judges to the Central Criminal Court. It was hoped that this would address the backlog of rape and murder trials, she said - a backlog which could add significantly to the trauma experienced by the survivors of rape.
Also today, the conference is due to stage a "mock" trial to expose the weaknesses in the system and the ordeal for victims. The "case" will concern a reported date rape, where the main issue is one of consent, with two differing accounts and no corroborating evidence. Participating in the mock trial will be Mr Mark Guiliani, a practising British barrister.
The two-day conference, in the Quality Inn Hotel, Oranmore, Galway, aims to serve as an introduction to legal issues relating to sexual offences and to outline the many obstacles put in front of survivors wishing to seek justice in the courts.