Disclosure practice in abuse cases under fire

THE practice regarding disclosure of documents in cases of child sexual abuse is “ad hoc” and serving neither the accused nor child victim’s interests, a leading children’s solicitor has said.

Catherine Ghent, who represents children in care, expressed her serious concern at the “on-going failure” to regulate disclosure in criminal cases of child sexual abuse.

The issue was raised last month in Geoffrey Shannon’s fourth report on child protection, where it was stated there has been a “marked increase” in the number applications for access to abuse complainants’ medical and counselling records in sexual assault cases.

In his role as special rapporteur to children, Mr Shannon’s report cites a range of solutions from other jurisdictions that he points out could be easily replicated here.

The process begins when a defence team makes an application to the DPP, which then notifies the HSE for files. It is understood files are generally being handed over as a matter of practice, despite the lack of any legal rules governing the area.

Because of this, there are fears there may be a decline in those seeking counselling and therapy, or indeed reporting sexual abuse. Ms Ghent said the uncertainty impacts on those accused, child victims and the professionals working with them.

She said the current system is at times unnecessarily detrimental to children and not only facilitates, but on occasions contributes to the re-victimisation of children.

Acknowledging that the area is an extremely complex one, she said it was vital to achieve a “balancing act” to protect both an accused person’s right to a fair trial and children’s rights to privacy and dignity.

Given the consequences of a conviction for abuse of children, Ms Ghent said every effort had to be made by the state to ensure those accused of these crimes have a fair trial — and within this requirement lies the right of the defence to have access to sometimes sensitive documents.

“Equally, given the potential consequences for children who realise that extremely sensitive and personal information they have shared with professionals, will not only be shared with the Garda and lawyers, but with perpetrators, it is crucial that child victims are robustly protected within the criminal justice system,” she said.