NO NEW legislation will be needed to protect women from domestic and other violence including rape, the Minister of State at the Office of the Tanaiste, Ms Eithne Fitzgerald, said yesterday.
Speaking at launch of the Task Force on Violence Against Women, she said consistent implementation of the existing law would provide the necessary protection but where necessary, the law would be amended. She said the task force considered that custodial sentences should be applied in all cases of rape where persons were convicted except in cases of a wholly exceptional nature.
The main recommendations on rape include a demand that the Garda should develop and publicise a clear policy and practice on the treatment of victims of rape, sexual assault and other sexual offences. Once a decision is made to prosecute, the alleged victim should be assigned to the investigating garda. The victims should also have regular consultations before and throughout the trial and be given a copy of their statement.
Leave to cross examine a complainant regarding her previous sexual history should only be granted where it is proven to the court that the evidence is substantially relevant to the facts at issue.
Expert training should be provided on a national basis to gardai on the initial handling of cases of rape, sexual assault and other sexual offences. Victims should be notified by prisons or gardai of an unescorted release of an offender. All rules of law or practice relating to the judge's charge to the jury as to the assessment of uncorroborated evidence of complainants in cases of sexual assault, should be abolished and the cases dealt with in the ordinary manner. Informal ion regarding counselling and support services should be readily available to victims.