Ruane: Idea of sexual history being discussed in court would have kept me from reporting rape

Senator Lynn Ruane: 'I'm conflicted as a woman who has been raped, and the thought, the idea that sexual history [could be discussed], that's something that I would have to contend with, is what would keep me out of the courtroom.'
Picture: Gareth Chaney Collins

A sitting senator who was raped said the idea of her sexual history being discussed in court would have kept her from reporting the attack.

Lynn Ruane, an independent senator who sits on the Oireachtas Justice Committee, asked a witness from the Bar of Ireland why the O'Malley Report, published last year, into how Ireland deals with sexual violence did not recommend the practice should be changed.

"I'm conflicted as a woman who has been raped, and the thought, the idea that sexual history [could be discussed], that's something that I would have to contend with, is what would keep me out of the courtroom," she said.

"This is one of the biggest things, but yet the O'Malley Report doesn't recommend any change in it. I'm not saying we need an outright ban because I understand the logic in terms of the reasonable doubt application, but what I'm wondering is, is there something that the O'Malley Report could have recommended to be able to make sure that there is more accountability and transparency around how evidence is permissible and how those decisions are made?"

Statistics show that questioning a complainant on their sexual history is common practice in one-third to two-thirds of sexual assault cases.

Dara Hayes, chair of the Criminal State Bar Committee said in such cases it is the judge's decision as to whether or not questions in relation to the sexual history of a complainant or victim can be permitted in the course of the trial, and the judge must give a reason as to why he feels it's appropriate.

When the application is made, defence counsel also have to make it clear why this evidence is relevant.

Retraumatises victims

The committee also heard a trial often retraumatises victims of sexual violence. Deirdre Kenny, deputy chief executive of One in Four said trauma was "undoubtedly an invisible witness in our courtrooms".

One submission from a woman who had been through the court system said: "It was so inhumane... I never felt the system in any way valued me as much as it valued him."

Another stated: "It’s one of the most awful things.

They had a booklet of the house where I was born and that house is in ruins now and they have pictures of each of the rooms and the rooms where I was abused. 

"I’m still having trouble getting that out of my head. That was gone but it’s in my head again."

The committee also heard that any victim of sexual violence should have access to support from a dedicated, professional advocacy and support worker from their first contact with either an non-governmental organisation or with An Garda Síochána.