95% of rape cases end without a conviction

AS many as 95% of rape cases do not result in a conviction, according to the Rape Crisis Network of Ireland (RCNI).

The organisation is concerned at the high numbers of cases that fail to reach court and result in a guilty verdict.

Legal co-ordinator of the RCNI Kate Mulkerrins said there was nothing to suggest anything had changed since a British study found Ireland had the lowest rate of convictions for rape across a number of European countries.

"95% of the cases you start with don't end in a criminal conviction we topped the league for our lack of ability at keeping cases within the system," Ms Mulkerrins said.

"We might have reduced the delays in the Central Criminal Court, but sometimes women have spent three years prior to that waiting for the investigation to progress and a decision to prosecute to be made," she said. "The question is almost not why do people drop out, but why do they stay in?"

The 2003 study, 'Rape: Still a Forgotten Issue?' found that Ireland had one of the highest attrition rates in Europe and one of the lowest conviction rates.

Attrition refers to the number and proportion of cases that drop out of the system without a prosecution.

"What is disturbing about the Irish conviction rates is the fluctuation year on year and the extremely low rate of 1-2% from 1993-2000," said the study.

Recent figures from the Court Service revealed that the number of rape and aggravated sexual assault cases brought to trial at the Central Criminal Court has fallen by an alarming 70% over the last six years with just 37 cases heard in 2004, compared to 130 in 1999.

The study cited the long delays in court proceedings, delays in reporting to the gardaí and loss of evidence as the main barriers to the successful prosecution of rape.

Ireland's high attrition rate is the subject of a three-year study underway at NUI Galway's law faculty and part-funded by the Department of Justice.

"We are concerned about the low conviction rate, but it's a matter for the courts," said a spokesperson for Justice Minister Michael McDowell.

"It all depends on evidence presented and the view the judge takes. If somebody doesn't report something to the gardaí, what can the minister do?" he said.

However, the RCNI says there is a link between low levels of reporting and the lack of faith that victims have in the criminal justice system.

"People drop out of pursuing cases because they don't feel they have sufficient supports and find the legal process to arduous," said RCNI executive director Fiona Neary.

"There is a lack of political will to improve services. To put it frankly, because of insufficient services, insufficient awareness and insufficient justice, every minister in Ireland is failing us."

According to criminologist Ian O'Donnell, around 37% of all sex crimes are prosecuted by the Director of Public Prosecutions (based on figures for 2001). Of these, three-quarters (76%) resulted in conviction and the chances of an acquittal on all charges after trial was around 40%.