Hospital experts to retain forensic evidence in rape cases

Hospital experts will be able to take and retain forensic evidence of rape with the consent of a victim who is not yet ready or willing to report the attack to gardaí.

Justice Minister Frances Fitzgerald made the announcement at the publication of the 2014 report of the Dublin Rape Crisis Centre, which showed that 36% of clients undergoing counselling reported the crime to gardaí.

The DRCC said this was much higher than the national average, which indicated that about 10% of victims reported the crime.

Ms Fitzgerald said that, currently, if a victim attends a hospital’s treatment unit for sexual assault but does not wish to report to gardaí, forensic evidence from her clothes or her person cannot be collected as no garda would be present to take charge of the evidence.

“I am happy to report that another approach will shortly be available to victims of sexual assault and rape,” she said.

“Where a client may not wish to report to An Garda Síochána initially, they will be able to consent to have forensic evidence collected from them by the forensic medical staff of the unit and have the evidence stored by the sexual assault treatment unit for up to a year.

“During this time they may decide to report to An Garda Síochána and the stored evidence can then be transferred to Garda custody for use in the investigation. Protocols agreed with An Garda Síochána and the Office for the Public Prosecutor will ensure the evidence collected, stored, and later transferred will meet all the evidential requirements for prosecution.”

The DRCC annual report shows there were:

• 9,207 genuine counselling calls to its national helpline, almost 6,000 from first-time callers, a 30% jump on 2013;
• 3,341 counselling sessions, almost 38% of which were crisis appointments (rapes/sexual assaults within the previous six months) — a 70% increase on 2013;
• 24% of callers to the helpline were male, up from 14% in 2008.

Ms Fitzgerald said it was “disturbing” that sexual violence was so prevalent and said factors included the “sexualisation” and “commercialisation” of children.

She said the increases also reflected a greater awareness and willingness to come forward. The minister praised “heroic campaigns by the likes of Mairía Cahill”.

The report also shows that 140 of the 293 people who started therapy in 2014 disclosed that they had been subjected to other forms of violence in addition to rape.

Of these, 11% said they received either a death threat or suffered an attempt on their lives. Some 42% said they suffered physical abuse and 24% were subjected to harassment or intimidation.

Ms Fitzgerald said that she hoped the new Garda Victim Support Offices, the forthcoming implementation of the EU Victims’ Rights Directive, and the publication in July of the Sexual Offences Bill will assist victims.