Rape law plans to allow children’s video-link evidence

LEGISLATION allowing children to give evidence in court through a video link is expected to be signed by the Government.

The legislation is part of new proposals on statutory rape law to be considered by members of the Oireachtas.

The provision of video link evidence is one of the key recommendations by the all party Committee on Child Protection, which will be presented to both houses of the Oireachtas on Thursday.

The committee, chaired by Limerick Fianna Fáil TD Peter Power, was set up following the collapse of the existing statutory rape law in May.

The Minister for Children, Brian Lenihan, yesterday said members have “agreed on the bulk of recommendations” and that a referendum may be required on the issue.

Following a Supreme Court ruling in May, children who are victims of abuse will be cross examined in criminal trials if the accused argues they made a mistake about the age of the minor.

The Criminal Evidence Act (1992) provides for anyone under the age of 17 to give evidence by live television link.

But since the law was passed 14 years ago, successful governments have failed to sign the commencement order because of a disagreement between gardaí and the Health Service Executive.

The child protection report is also expected to recommend the age of consent to be the same for both girls and boys.

Mr Lenihan said: “The all-party committee is looking at how criminal law can protect children who have been sexually abused. The committee are also looking at the fact that the defence of honest mistake can now be raised.”

The Ombudsman for Children, Emily Logan, and other child protection groups, had told the committee it is vial that children are allowed to give evidence through camera link, instead of appearing before their alleged abuser in a court room.

Ms Logan said: “Children are automatically vulnerable within a criminal trial setting. A child testifying to abuse versus a cross examining defence counsel seeking only to establish reasonable doubt is no fair match by any measure.”

Ms Logan is also calling for pre-trail preparation methods for children, such as court room familiarisation, explaining the role of different court room staff and preparing a child for possible acquittal.