Review could see rape victims granted legal representation

A review of rape trial procedures to protect victims is expected to recommend media bans, the fast-tracking of hearings, and the training of judges.

Complainants in sex assault cases also look set to get access to independent legal representation.

The review, sparked by last year’s Belfast rugby rape trial, is being carried out by Tom O’Malley of NUIG, and is expected to be presented to justice minister Charlie Flanagan in the coming days.

In an interview with the Irish Examiner, Mr Flanagan outlined priorities he expects in the review.

He said these are necessary, especially with new CSO figures last week revealing that the numbers of rapes reported to gardaí rose by 20% over a year, with record numbers of sex offences.

“I would be very keen to ensure that such complainants and victims are fully supported from the time the complaint is made until such time as the case has been concluded,” said Mr Flanagan.

“There are a considerable number of improvements that might be considered. For example, the nature of support, whether or not the victim or complainant might be entitled to their own legal representation.

“At the moment, a victim or complainant is merely a witness for the State.”

Leading questions or inappropriate lines of questioning may also be singled out under the review.

The minister added: “The admissibility or otherwise of questions, some of which have been in trials, have given rise to concern leading questions, sensitive questions, personal questions, a line of questioning that has given rise to trauma and upset on the part of the complainant.”

Mr O’Malley was due to submit his report before now, but there has been a deluge of submissions to the reviews, including from victims groups. The review group has met 15 times since October 18 and has also met with counterparts in the North. A difficulty has been examining how providing better protections for complainants does not impact on a right to a fair trial.

The Irish Examiner understands that the O’Malley review will consider:

• Procedures for media coverage and publicity around cases, including how reporting may impact victims, witnesses, and the accused;
• If preliminary hearings may prevent delays in cases, which can impact on complainants when there is a lengthy interval between the reporting of an offence and the conclusion of a trial;
• Specialist training for members of An Garda Síochána, legal professionals, the judiciary, and others who come in contact with witnesses during the trial process;
• Separate legal representation for complainants, as well as legal advice, support, and other information for victims, before, during, and after the trial;
• An assessment of appropriate lines of questioning and impacts on victims;
• Improving courthouse facilities, including making separate rooms available for victims and greater use of video evidence, where appropriate.

A priority issue, added Mr Flanagan, is ensuring that the complainants are not re-victimised.

“This is an area of great concern,” he said.

“And it’s an area that I have discussed with many of the stakeholder groups, particularly women’s groups.”