DPP to explain why rape cases not prosecuted
Addressing a criminal law conference at University College Cork, Mr Hamilton said there was still considerable room for improvement in the way the legal system treats victims of crime.
Just over 18 months ago, Mr Hamilton began offering the families of people who died as a result of a crime the reasons why his office decided against bringing a prosecution in the case.
Addressing the conference on victims and the law, Mr Hamilton said he hopes to extend that practice in the coming months in response to calls from victims’ support groups. “I would like to extend the pilot programme and I know from talking to victims organisations that the big area they want to see us deal with is sexual offences – rape and sexual assault – and I hope we will be able to do that in the not-too-distant future.
“Serious assault is another area that I think one would want to move to as well, in fact any offence involving personal violence – there are probably the most important from the victim’s point of view and the general public’s point of view.”
Mr Hamilton’s comments have been welcomed by the Rape Crisis Network, which describes it as a critical step in treating sexual assault victims with dignity.
Mr Hamilton also suggested a need for further legislative study on whether a victim’s previous sexual history should continue to be admitted in evidence.
Mr Hamilton said that it appeared that the threshold for a defendant seeking to admit such evidence was very low. A review of 59 rape cases by his office revealed that in 70% of them, the defence was allowed to examine a witness on their previous sexual history.
The conference was also addressed by Mr Justice Paul Carney, and Blaise O’Carroll, senior counsel.
