Rape and other sexual assault complainants should have access to separate limited legal representation during criminal trials, the Minister for Justice said yesterday.
Many women feared that by making a complaint they ran the risk of being cross-examined about their past sexual history, and this deterrent should be lessened. Mr O'Donoghue will publish a discussion paper later this week on areas of law relating to sexual offences.
Mr O'Donoghue said the issue of whether rape and sexual assault complainants should be entitled to separate legal representation during a criminal prosecution had been considered by the Law Reform Commission, the Second Commission on the Status of Women and the Task Force on Violence Against Women.
Complainants often felt they would be cross-examined about their past sexual history, and the Oireachtas had in the past sought to address this in Section 3 of the Criminal Law (Rape) Act, 1981, and in the Criminal Law (Rape) Amendment Act, 1990.
Under this legislation a complainant could not be cross-examined about her past sexual history without an application to the trial judge and his sanction being obtained.
"I am of the view that complainants should be entitled to separate legal representation at the time that such an application is being made. I believe that separate representation is warranted at that stage because the court is dealing with an issue which may affect certain constitutional rights of the complainant such as the right to privacy, bodily integrity and good name," said a statement issued on behalf of Mr O'Donoghue.
"I believe that such an approach, if properly implemented and operated, may act to lessen the fears of victims and encourage the reporting to the authorities of sexual offences."