Low rate of prosecutions for rape

Binge drinking is a factor in the lack of prosecution in many rape cases, a new report for the Rape Crisis Network of Ireland (RCNI) has found.

The Rape and Justice in Irelandreport by Conor Hanly of NUIG also found a narrow stereotype of the offence of rape is pushing many cases out of the legal system.

The DPP only prosecutes in one out of three cases and the main reason for not prosecuting is a lack of evidence, the report found.

Alcohol plays a hugely important role because if the complainant does not remember, she is going to be “destroyed” by the defence, James Hamilton Director of Public Prosecutions (DPP) said at the launch of the report.

“If the only witness is so drunk she cannot remember it, clearly there is a real problem in the case,” he said.

Alcohol was a factor in over three quarters of cases which the report examined.

Over three quarters of suspects had also drunk alcohol at the time of the incident with over 41 per cent described as “severely intoxicated”

Forty-five per cent of victims were “severely intoxicated” at the time of the offence and 20 per cent were moderately intoxicated.

Fiona Neary, chief executive of the RCNI said the binge culture was a factor throughout the document.

“Rape is still rape where alcohol is a factor but this research finds that alcohol means the rape does not count,” she said

Victims who have been drinking are more vulnerable to sexual assault and are less likely to be considered a reliable witness, she said.

“The justice system is failing to provide redress for victims who had been drinking,” she said, adding the legal system needed to develop greater expertise in prosecuting rape cases where alcohol is a factor.

Deputy Garda Commissioner Martin Callinan explained gardaí frequently encountered people who had problems recalling the events due to alcohol. The involvement of alcohol in such a high proportion of rapes made it one of the most difficult crimes to investigate and denies the victim justice, he said.

The report also found that a case which fit a narrow stereotype in which a person is attacked by a stranger in a public place is more likely to be prosecuted than the most common scenario.

However, it also found that in two thirds of rape cases the rapist was known to the victim.

If the rape does not conform to this stereotype the victim will not generally be believed and decide not to report it, Ms Neary said.