More needs to be done to stop naming of sexual violence victims online

Justice & Equality Minister, Helen McEntee , and Mr Tom O’Malley of NUI Galway, as they launch the O’Malley Review of Protections for Vulnerable Witnesses in the Investigation and Prosecution of Sexual Offences. Picture: Sam Boal/Photocall Ireland

The spreading of the names of victims of sexual violence on social media is "of great concern", the author of a review into sexual offence trials has said.

The O'Malley Review of Protections for Vulnerable Witnesses in the Investigation and Prosecution of Sexual Offences was published today, with 50 recommendations contained.

Its author, barrister and NUI Galway law lecturer Tom O’Malley, said more needs to be done to prevent the names of alleged victims being spread online.

"That's something that is of great concern. 

One of the recommendations we make is that just as there is a prohibition on a person or a victim being named or an accused person being named in broadcast, or public broadcast, or a publication, I see no reason why that should not also apply with equal regard to the social media insofar as they can be controlled.

"We are recommending that in relation to some of the older legislation governing rape, which dates back to the early 80s before you had social media at all, that there would be a more detailed review of the definitions of broadcast and print media, and broadcast media in particular, just to ensure that they're broad enough to cover wrongful disclosure over social media.

"We all know it's very difficult to control but I think we have to do the very best we can to ensure that it is controlled."

Justice Minister Helen McEntee said she believed that social media can be controlled and said her priority is ensuring that Ireland's legislation keeps up with technological changes.

Mr O'Malley also said that his recommendation that an application be made to question a victim about other sexual experiences "only in exceptional circumstances" would also ensure that victims are no longer surprised with questioning.

"It serves a number of functions. First of all, it serves to put the victim on notice that this may happen rather than it be hop upon them so to speak at the trial. There is another much more important issue which is that since 2001, a victim of those circumstances, is entitled to separate legal representation, while the application is being made in court.

"And very often, it can be difficult to get legal representation, by a person of the same level of let's say seniority and experience as the person who's representing the defendant in court or representing the prosecution in court, because the legal aid board which is responsible for providing that free legal representation has to act very quickly indeed, very often maybe within a matter of hours.

"So we hope that in circumstances where the application has to be flagged, at least in advance, at the preliminary hearing that that will give time to ensure that the victim has legal representation by a person who has the experience and the expertise to do it effectively, "

The review has been broadly welcomed by NGOs who deal with sexual violence, despite some criticism of the retention of anonymity for accused people, something Ms McEntee said went to the "cornerstone of our justice".

CEO of the Dublin Rape Crisis Centre Noeline Blackwell said the report makes clear that sexual violence is unique to other crimes.

"This report is a clear recognition from Government that it is not appropriate to treat crimes of sexual violence just like any other crime. Such crimes are a deep violation of the dignity and the person of the victim and can cause sometimes lifelong harm. This marks out the trial of such offences from other criminal trials.  

“While we have on several occasions noted the delay in the publication of the report, we recognise the complexity of the issues that Mr O’Malley dealt with and the erudition he brought to the topic. 

"Equally, we welcome the commitment from Minister McEntee to implement his recommendations without delay and with the resources required. "

The Rape Crisis Network of Ireland's Executive Director Dr Clíona Saidlear said that the review was "a credible and concrete response".

The Bar Council of Ireland said that it welcomed the recommendations and said it was "committed to working with all stakeholders".