Victim is the main witness in court, but often the last person to know what’s going on

Dublin Rape Crisis Centre (DRCC) welcomed a meeting of the Joint Oireachtas Committee on Justice today to examine the issue of victims’ testimony in sexual offence cases including their decision to meet with some of those who made submissions to the Committee. While DRCC is not invited to appear before the Committee today, its submission has outlined a suite of proposals to facilitate a trauma-aware pathway to justice for victim/survivors.

DRCC CEO Noeline Blackwell said it was welcome that the long-neglected topic of victim testimony was being examined: “In our submission, we focused on the reality that while victims of sexual offences are the main witness in the case, they are often the last person to know about what is going on.

“As a frontline service, DRCC directly supports victim/survivors of rape and sexual assault and abuse all the way through the criminal justice system. We are with them when they are undergoing forensic examination, considering whether to report a crime, going to Garda stations, attending court to give witness. Our submission is rooted in our understanding of the direct experience of victims and our own expertise.”

DRCC identifies the failure of the justice system to recognise and understand the trauma suffered by victims/survivors of sexual violence as a key difficulty. Victims are particularly vulnerable as witnesses due to the intimate nature of the crime done to them. In its submission, DRCC has documented a range of damaging and entrenched habits and practices that can leave victims/survivors questioning whether they had access to justice.

Among DRCC’s recommendations are:

• Victim/survivors of sexual offences should have access to the use of special measures in every courthouse, at every level, to enable them give their evidence and reduce the risk of being re-traumatised
• In so far as counselling notes should be part of the trial at all, the current disclosure regime should be extended to include all personal records with more a robust informed-consent process to ensure that victims do not consent to disclosure of their counselling records without full knowledge of their entitlement to object to it and to let the judge decide on what, if any, disclosure should be made
• Separate legal representation for victim/survivors in sexual offence trials should not be limited to questioning of their previous sexual experience. Legal representation should be made available for victim/survivors throughout;

DRCC urges the Committee to work to change the focus of the justice system to become victim-centred and trauma-aware. “That would mean the system really understands and takes into account the needs and experiences of victim/survivors in how trials are organised, recognizes trauma and how it affects survivors, and adjusts expectations accordingly.

“We are asking for a victim-centred approach and we are not apologetic about it. When we see how few people report sexual violence, and how many drop out of the process, when we see people needing very long periods to recover, we have to question the process. If we keep ignoring the particular nature and impact of sexual violence, we will keep those within the criminal justice system from investigating and prosecuting these crimes adequately, we will allow perpetrators to continue to offend with a high degree of impunity and will certainly discourage victims from reporting. 

“Rather than asking why we should change the system victims must navigate, maybe we should ask what happens if we do not change it, and whether we can stand over that,” concluded Ms Blackwell.

The DRCC’s full submission is at www.drcc.ie and the full list of 7 recommendations are below.

/ENDS

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Notes for editors:  

Key DRCC Recommendations around Victim Testimony in Cases of Rape and Sexual Assault

 

1. Victim/survivors of sexual offences should have access to the use of special measures in every courthouse, at every level to enable them give their evidence and reduce the risk of being re-traumatised;

 

2. Judges in sexual offence trials should provide guidance to jurors on the realities of sexual violence and provide instruction on setting aside preconceived ideas of what constitutes a ‘real rape’ or a ‘real victim’. This would ensure that jurors on such trials receive information around rape myths and stereotypes which can lead to conscious and unconscious bias;

 

3. In so far as counselling notes should be part of the trial at all, the current disclosure regime for counselling records should be extended to include all personal records. In addition, a robust informed consent process must be introduced to ensure that victims do not consent to the disclosure of their counselling records without full knowledge of their entitlement to object to it and to let the judge decide on what, if any, disclosure should be made;

 

4. The need for training both general and specific for all legal practitioners and professionals who come in contact with victim/survivors of sexual crime is of paramount importance. Judges and other legal personnel working within sexual offence trails must receive appropriate training on best practice in the treatment of victim/survivors;

 

5. The Sentencing Database commenced some years ago should be reinstated and maintained for reference by judges, practitioners, accused, victims and the public. Having the ability to review the outcomes in sexual offence trials would ensure that they are consistent and commensurate with the gravity of the offence(s);

 

6. Separate legal representation for victim/survivors in sexual offence trials should not be limited to questioning of their previous sexual experience. Legal representation should be made available for victim/survivors throughout;

 

7. Legal advice and representation should not be limited to the trail process only. Follow-up aftercare would ensure that victims have the advice and support they need after the trial has concluded.

 

Other notes

• Dublin Rape Crisis Centre is a non-governmental, voluntary organisation which has as its mission to prevent the harm and heal the trauma of rape. It offers a suite of services to victims/survivors of sexual violence.  
• DRCC continues to operate the National 24-hour Helpline 1800 778888 for those who need support in any part of the country with no reduction in service.
• DRCC offers counselling & therapy to clients and provides accompaniment to the Rotunda Sexual Assault Treatment Unit, to court or to Garda stations to people in Dublin and in surrounding areas by arrangement.   
• Outreach offices at Coolock Civic Centre, Dóchas Women’s Centre, Mountjoy Prison, Balbriggan and Tallaght Hospital are usually open at select times, but physical premises are closed during the COVID19 crisis and clients are being supported remotely.   
• We ask that when reporting on this topic, journalists should remember that discussions on sexual violence can trigger personal trauma in those receiving the information. Where possible, please make reference to the National 24-hour Helpline 1800 77 88 88 for anyone who may be affected by the discussion.  
• Dublin Rape Crisis Centre is one of the frontline services engaged with the Department of Justice & Equality on its #StillHere campaign. The stillhere.ie website contains information on supports and services for people affected by domestic violence including sexual violence, as well as digital & online safety and courts, legal aid and advice.

/ENDS