Judgment seen as legal watershed

THE importance of the Supreme Court's ruling on the trial of a man for sexual abuse of his children in the 1960s and early 1970s has been acknowledged by both the legal profession and child welfare groups.

Legal sources said the judgment could be a landmark one where sexual abuse against children is alleged to have occurred many years ago. A number of similar cases are being processed through the court system in which the alleged abusers are seeking prohibition of prosecution on the grounds that too long a time has elapsed to allow a fair trial.

The Irish Society for the Prevention of Cruelty to Children said the ruling had "important legal implications" for children. A spokesman said there had been very few convictions in Ireland for child sexual abuse, prosecution for which usually depended an admission by the offender or the existence of independent witnesses.

These circumstances occurred very rarely, he added, and the "watershed decision" by the Supreme Court would encourage victims to report their experiences, especially in cases where the abuser was still alive and had access to children.

"The decision is not, therefore, simply about justice or retribution for past victims. It clearly has important legal implications for children currently, suffering or at risk from abuse.

The Dublin Rape Crisis Centre also welcomed the judgment, saying adult victims of sexual abuse would be "greatly encouraged" by it. "Many adults who found the courage to make statements to the gardai about their horrific sexual abuse in childhood - and who were seriously concerned that other children were at risk from the same abuser - found that their case could not be heard because of `lapse of time'."

"This decision will say to these people that they can and will be heard," the centre said.