Report recommends anonymity of victims and defendants in sexual crimes

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Suspects charged with sexual crimes should be granted anonymity unless and until they are convicted, according to a new report.

It is one of the recommendations from a review of protections given to vulnerable witnesses in such cases.

The working group was set up following the Belfast rape trial in 2018.

Currently, some suspects accused of sexual assault can be named in the Republic.

Minister for Justice Helen McEntee today published the O’Malley Review of Protections for Vulnerable Witnesses in the Investigation and Prosecution of Sexual Offences.

It contains more than 50 recommendations, with four overarching ones:

- promoting better awareness of victims’ rights legislation;

- promoting education about the meaning and importance of consent;

- improving inter-agency co-operation and exchange of information, especially in relation to services for victims; and 

- ensuring consistency in service delivery.

The Minister indicated that the implementation plan, which will be brought to government within 10 weeks, will include timelines for delivery.

Among the issues dealt with in detail in the O’Malley report, and which will be considered as part the implementation plan, are:

- The investigation and prosecution of sexual offences 

- The anonymity of victims and defendants, public access to sexual offence trials and media reporting 

- The trial of sexual offences 

- Information for victims 

- Use of intermediaries 

- Reducing delay in the trial process 

- Training 

Ms McEntee said: “As Minister for Justice, I want to ensure that we can effectively tackle the scourge of sexual violence, which is a blight on our society.

“We must work together to tackle and reduce the levels of these terrible crimes, and where an offence is committed, and where a wrong is done, we must ensure that all necessary supports are in place so that victims will feel safe and supported when they come forward.

“To do this, we must have in place a victim-centred approach. I want the victims of sexual crimes to know that they will be listened to, that they will be treated with respect and dignity, and that they will be supported throughout the process.

“And I want the perpetrators of such crimes to know that the crime they commit will be reported, will be investigated and will be prosecuted to the fullest extent of the law.

I want to ensure that the victims of sexual violence have the correct supports.

“That means access to their own independent legal advice or support, if they need it, someone who can be with them and explain the process and advise them throughout the process, not only while the trial is underway as is currently the case.

“I look forward to working with stakeholders and with the NGO sector to consider the report further and to develop an implementation plan which I will bring to government within 10 weeks.

“It is important that the voices of victims and those who work with them are clearly heard as we draw up our Plan.” 

Noeline Blackwell from the Dublin Rape Crisis Centre says it is clear the current system needs to change.

“The victim’s place recognised the seriousness of their trauma and they’re hurt recognised, not taking in any way way from the defence rights of the person accused.

“But to recognise that this is the victim of the crime. This is the person that the state is trying to vindicate their rights and that they are properly treated in the court process.”