Rape crisis group calls for definition of consent

Radical reform of the criminal justice system is needed to ensure more sex offenders are punished for their crimes, it was claimed…

Radical reform of the criminal justice system is needed to ensure more sex offenders are punished for their crimes, it was claimed today.

With only 1 per cent of rapes and attacks resulting in convictions, the Rape Crisis Network Ireland called for laws to be updated and a statutory definition of consent to be introduced.

The Irish criminal justice system has found it notoriously difficult to deliver justice for victims of sexual violence
Fiona Neary, Rape Crisis Network of Ireland

Fiona Neary, RCNI executive director, said Ireland should be ashamed of its poor record of protecting rape victims and punishing perpetrators.

"The Irish criminal justice system has found it notoriously difficult to deliver justice for victims of sexual violence. This absence of justice must be tackled with every urgency," she said.

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"We call on all responsible, the gardaí, the prosecutors, the judiciary and the legislature to act now to overcome Ireland's shameful record in failing survivors of sexual violence in our society and failure to prevent further crimes of sexual violence."

The crisis centre published its Agenda for Justice and listed 19 areas of neglect which needed to be reformed.

They included a statutory definition of consent, removal of the requirement for the DPP to consent to the prosecution of a marital rape, complete review of the Punishment of Incest Act 1908 and reform of complainant/defendant anonymity provisions.

Launching the report Minister of State at the Department of Justice, Equality and Law Reform Frank Fahey called on all groups involved in bringing sex offenders to justice to take the recommendations on board.

"The RCNI standpoint as experts and outside of the administration of justice is uniquely situated to help identify the way forward for us in terms of law reform," Mr Fahey said.

"While some of the reforms are for the Government to enact, other reforms are for bodies independent to us. I urge those bodies to look closely at the recommendations within the document."

The issue of consent hit the headlines after a rape trial involving a Co Donegal student collapsed last week at a Welsh court.

Lawyers for the accused argued that the woman consented and the trial at Swansea Crown Court collapsed after the woman admitted under cross-examination she could not be sure she had not consented because she was too drunk to remember.

Kate Mulkerrins, Rape Crisis Network legal co-ordinator, insisted that creating a statutory definition for consent in the context of sexual contact should take priority.

Ms Mulkerrins also demanded specialist training and education for agencies of the criminal justice system and to end the DPP's policy of not giving reasons for decisions and replace it with an accountable mechanism.

"Rapid movement on just these three areas of neglect would make immediate and significant differences to the justice system's ability to bring charges and convict," Ms Mulkerrins said.

"It would also have a positive effect on the survivor's experience of the justice system, resulting in more victims considering reporting crimes perpetrated against them."