Abuse victims may be quizzed by abuser

A document from Tusla, outlining how social workers should respond to allegations of child abuse and neglect, opens the way for an alleged abuser to cross-examine his or her victim.

The draft document, seen by the Irish Examiner and posted on our website today, has caused uproar among social workers who fear it will compromise them ethically and deter victims from coming forward, such is the emphasis on protecting the rights of the alleged abuser.

Social workers who spoke to the Irish Examiner on condition of anonymity said that while they recognised the right to fair procedure, “the balance of rights seems far too weighted on the side of the alleged perpetrator in this policy”.

They said they did not see how they could comply with the new Tusla procedures and still put the welfare of children first, which they are legally bound to do.

Social workers said they had highlighted their concerns in written submissions to Tusla, but they were “neither acknowledged nor listened to”.

Dónal O’Malley, chair of the Irish Association of Social Workers, said the new protocol seemed to put “a much stronger emphasis on keeping the alleged perpetrator included at all times and the social worker feels this is disempowering the victim”.

“Social workers are afraid people won’t come forward,” Mr O’Malley said, adding that the new procedures were “almost turning social workers into members of an Garda Síochána”.

READ MORE: Social workers concerned document tips the balance of rights in favour of sex abuse accused.  

On cross-examination by the alleged abuser, Mr O’Malley said that social workers had a “real problem” with implementing a procedure they felt could “potentially do harm to a child” and “retraumatise the victim”. “Potentially they would feel they [the victim] could easily be bullied into withdrawing the complaint,” said Mr O’Malley

Maeve Lewis, executive director of victim support group One in Four, said that social workers had to be resourced and trained to implement the procedures, and given clarity around implementation because, “at the moment, it’s completely hit and miss”.

She said the potential for cross-examination of a victim was “unthinkable”.

““It should never be the case that the alleged abuser be allowed interrogate the victim, where the dynamics of the original abuse would be replicated,” said Ms Lewis. “If a child was to be subjected to such interrogation, it would be unthinkable in a civilised society.

“We would strongly urge our clients to withdraw from any process where this could occur — it would cause more harm.”

Ellen O’Malley-Dunlop of the Dublin Rape Crisis Centre said Justice Minister Frances Fitzgerald had committed to progressing the new sexual offences Bill before the summer “and it addresses the current unacceptable possibility of the alleged complainant cross- examining the victim”.

Tusla, which has set up a working group to examine policy and procedures for responding to allegations of child abuse and neglect, said if any areas for adjustment were identified, they would be considered.

However in a subsequent statement to the Irish Examiner, Tusla said it was “aware of the onerous nature of these obligations but, as they are required by legislation, Tusla is not in a position to modify requirements nor can the agency negotiate an alternative approach to investigations without jeopardising future court proceedings”.

The child and family agency said the procedures “arose from a number of court judgements, as in some cases where correct procedures had not been followed cases had fallen”.

Impact, which represents Tusla social workers, said they had sought for the provision for cross-examination to be removed.

Impact assistant general secretary Christine Carney said: “We would be concerned that implementing this policy would divert social workers from their primary duty of supporting and protecting children.”