Proposed law could make people 'think twice' about character references for sex offenders 

Senator Regina Doherty: 'What I hope it genuinely does is make those people who have given references in the past to maybe think a little bit longer about the references they're giving.' Picture: Gareth Chaney

People who provide character references for convicted sex offenders will have to do so under oath and will face cross-examination, under proposed new laws.

Leader of the Seanad Regina Doherty has published a bill that would end the current practice that allows people to provide character statements in the mitigation of a sexual or violent crime.

Ms Doherty said victims are being retraumatised by current practices, which can put others off taking a case in the first place.

“We currently have a criminal justice system that is a cold place for women when it comes to sexual and violent crimes," said Ms Doherty. 

"Character references are brought in mitigation of the crime before sentencing in an attempt to reduce the sentence.

I am told by members of the legal profession that judges tend not to give much weight to courtroom character references, but under our current system such references, unchallenged, re-traumatise victims of violent sexual crimes.

“With this legislation, I am hoping to ensure that if you want to bring your character reference, whether from the local politician, bishop, or GAA chairman, to court, first of all, it will have to be made under oath, and secondly, the prosecution will be able to cross-examine to ensure the veracity of that character reference."

Ms Doherty said the legislation would make people "think twice" before providing references for criminals.

"What I hope it genuinely does is make those people who have given references in the past to maybe think a little bit longer about the references they're giving," she said.

Fianna Fáil's Lisa Chambers, who co-sponsored the bill along with Pauline O'Reilly of the Green Party, said many women are afraid to go through the justice system.

"We know for a fact that prosecutions and successful prosecutions for rape in this country are extremely low — in or around 5%," said Ms Chambers. 

We can't be sure of that figure because many women don't actually come forward to report these crimes because of the fear of actually going through the justice system. That shouldn't be the case."

Ms O'Reilly said this is now the "right time" for change and thanked Ms Doherty for inviting her to work on the bill. 

"I think it shows, really, that when you have more women in politics, as we do in the Seanad, you actually get more done together and working on a cross-party basis," she said.

The senators have worked closely with Noeline Blackwell of the Dublin Rape Crisis Centre on the changes to the law which victim support groups have been requesting for many years.

- If you are affected by any of the issues raised in this article, please click here for a list of support services.