Call to clarify 'consent' in sex cases

A call for a clear legal definition of "consent" is among those made in a campaign for a radical overhaul of the criminal justice…

A call for a clear legal definition of "consent" is among those made in a campaign for a radical overhaul of the criminal justice system's handling of sexual violence.

The campaign by the Rape Crisis Network of Ireland was launched by Minister of State for Justice Frank Fahey yesterday. It is based on a research paper, Agenda For Justice: Towards ending injustice for survivors of violence, also published yesterday.

Fiona Neary, executive director of the network, said the injustice inherent in the criminal justice system must be "tackled with every urgency". "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."

Currently just 1 per cent of all cases of sexual violence resulted in a conviction here, she said.

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The research paper outlines 19 steps which it says the justice system must take on board to "begin to address this shortfall".

As well as a call for a statutory definition of what is meant by "consent", among the steps called for are the entitlement to free separate legal advice and representation to all complainants in cases of sexual violence; a removal of the 12-month time limit in which a prosecution for unlawful carnal knowledge must commence and a removal of the "right" of a defendant to represent themselves and so to cross-examine their alleged victim in open court.

The paper also seeks a nationally-funded accompaniment service for complainants to, for example, Garda stations and sexual assault treatment centres, in cases of sexual violence.

Speaking at yesterday's event Mr Fahey said he gave "wholehearted welcome" to the paper.

"I am committed to addressing the problems of justice in sexual violence crimes in Ireland.

"In that light the expertise within Agenda for Justice on this area of reform will be of great help."

He said the network's expertise could help identify the way forward in law reform.

"I shall be looking very closely at the recommendations within this report with a view to addressing problems we have acknowledged."

Kate Mulkerrins, legal policy co-ordinator with the network, called for specialist training and education for all agencies of the criminal justice system dealing with sexual crimes.

Kitty Holland

Kitty Holland

Kitty Holland is Social Affairs Correspondent of The Irish Times