Vow to address disabled assault victim loophole

THE Government has vowed to examine a legal loophole which fails to support disabled victims of sex offences in court and which is liable to land it before the European Court of Justice.

Justice Minister Brian Lenihan told opposition TDs yesterday he was examining the implications of a recent decision in the Dublin Circuit Court. In the district court, a case was thrown out after the disabled victim of an alleged sexual assault, failed a competency test ahead of giving evidence against the accused.

Laura Kelly from Ballybunion, who has Down syndrome, took the stand two weeks ago to give evidence about the incident which allegedly happened in February 2006.