Sex offence prosecution numbers increase; Rise in family and child court cases

The latest figures come from the Courts Service’s annual report for 2021

There has been a sharp rise in prosecutions of sexual offences at all three levels of the courts system.

Sexual offences was the only main category of crime where cases increased in the district court in 2021. Cases also rose in the circuit court and Central Criminal Court.

The Courts Service’s annual report for 2021 shows:

• Sexual offences jumped 25% in the District Court, from 3,411 to 4,277, compared to an 8% drop in all criminal offences;
• Sexual offences rose 28% in the Circuit Court, from 1,668 to 2,140, compared to a 2% increase in all crimes;
• Rape offences were up 19% in the Central Criminal Court, from 1,130 to 1,348, and serious sexual offences rose by 27, from 1,574 to 1,999.

This suggests that the total number of sexual offences before the various courts rose by 25% in 2021, from 7,783 to 9,764.

The number of child abuse cases also increased, from 48 to 52.

Of 251 sentences handed down in the Central Criminal Court 110 (44%) received sentences of longer than 10 years; 98 (39%) were sentences of five to 10 years; and 43 (17%) were sentences of under five years.

The corresponding figures in relation to aggravated sexual offences reveal 51 (23%) sentences longer than 10 years 84 (37%) of five to 10 years; and 89 (40%) of less than five years.

Dublin Rape Crisis Centre chief executive Noeline Blackwell said: “Given that the Supreme Court suggested that a headline sentence for rape should be at least seven years, then with discounts, it may be possible to understand why a small number of cases attracted sentences of two to five years.

“However, it is notable that about half of the sentences exceeded 10 years, with some more likely to be lengthy as well. This shows how seriously the courts are taking the crime of rape and is consistent with a trend we have seen emerge in recent years.”

Meanwhile, the number of family law cases rose last year, with increases in divorce applications, child access cases, and child care orders.

Child abduction cases also increased, with a near doubling in emergency orders, according to the report.

A breakdown of incoming family law cases shows:

• An 11% increase in divorce cases, from 5,266 in 2020 to 5,856 in 2021;
• A 14.5% rise in child custody and access cases, from 8,747 to 10,016;
• An 8% increase in maintenance cases, from 5,055 to 5,451;
• A 2% decrease in domestic violence orders, from 22,970 to 22,596, with emergency (or interim) barring order applications unchanged;
• A 52% jump in child abduction cases, from 21 to 32, including a near doubling in interim order applications;
• A 7.5% increase in child supervision and care orders, from 13,203 to 14,194, including a 15% rise in interim care order applications.

Barnardos said: “The rise in family law cases strongly evidences the need for dedicated family law courts. Children’s voices and needs must be give special attention in this planned reform.

“Parents and children need therapeutic trauma informed family support services to support them engaging in all aspects of the court system.”

The report says personal injury actions were down 12%, but property possession cases were up 75%, from 272 to 477, in the circuit court.

On divorce, 59% of the applications in the circuit court — where the vast bulk of applications are heard — were taken by wives, increasing to 65% for cases in the High Court.

In domestic violence, there was a sharp fall in barring order applications, from 3,577 to 2,987, but a rise in protection order applications, from 7,649 to 8,269, and an increase in safety order applications, from 8,887 to 8,918.

The number of emergency (interim) barring order applications remained unchanged, from 1,918 to 1,917.

There was a slight increase in serious criminal offences, from 21,322 to 22,022, before the Circuit Criminal Court, the Central Criminal Court, and the non-jury Special Criminal Court.

Almost 213,000 defendants faced less serious criminal charges in the district court, for almost 353,500 offences, more than half for road traffic offences.

In the circuit court, more than 6,300 defendants were charged with almost 18,700 offences, including 1,473 for larceny, 1,114 for assault, and 892 for drug offences.

In the Special Criminal Court, offences increased from 136 cases in 2020 to 145 in 2021. The last two years show a marked increase on previous years (70 in 2019 and 51 in 2018).

This is due to a huge increase in gang offences brought before the court for crimes of participating in, contributing to or directing a criminal organisation.

These offences are captured within the ‘other’ offences category and have risen from 11 in 2017, to 49 in 2019 and to 116 in 2020. In 2021, that number rose to 116.

There were no ‘membership’ of a paramilitary organisation cases in 2021 and just one in 2020.

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