Family seeks law reform after acquittal

AS FAR as Laura Kelly is concerned the man who allegedly got into her bed and sexually assaulted her in February 2006 has gone away because she was able to stand up and tell a judge what had happened to her.

What Laura, who has Down's syndrome and a mental age of about four years, does not know is that the judge in the case was compelled, under existing law, to treat Laura as any other adult. Therefore while the 20-year-old Kerry native was able to tell the judge her story she was also forced to undergo a competency test, which she failed.

As a result even though her sister had come forward to say she had witnessed the alleged assault, the judge acquitted the 23-year-old Lithuanian man accused of the attack.

Laura’s mother Ann said: “Laura’s rights have been taken away in the courtroom. While Laura is happy and back to her old self now that she got to tell the judge what happened and that made the man go away, we as the adults now have to get other people with special needs protected.”

On Friday, their legal representatives will tell them whether they can bring the Government to the European Court of Justice for failing to protect people with special needs.

The alleged incident occurred in February 2006 following a 21st birthday party for Laura’s brother at her sister’s home in Navan. The family claim that it was after she had been put to bed with the help of her sister.

Later, her sister entered the room and saw there was a man in the bed with her. She told the Irish Mail on Sunday Laura had most of her clothes removed and the man was naked from the waist down.

She demanded the man leave the house and when she told her family the next day, the matter was reported to gardaí and Laura was taken to the sexual assault unit of the Rotunda Hospital.

Laura gave two statements to gardaí. The man was arrested and brought before the courts last week.

Laura failed the competency test and the Circuit Criminal Court acquitted the man. He has since left the country.

While the Kellys know he cannot be retried they want the part of the 1992 Criminal Evidence Act, that they believe failed their daughter, overturned.

That law makes it an offence to have sexual intercourse with a mentally impaired person but is not specific about any other form of sexual offence against a person with special needs. That is why Laura was treated as an adult without special needs in the court.

Ann Kelly said she would lobby her local TD Jimmy Deenihan and all TDs and MEPs to fight for more comprehensive legislation.