Women are not rehabilitation centres for violent sexual offenders

Comments by a judge in a recent sexual assault court case have reignited debate about the judicial system's treatment of women who report these crimes

Victims of sexual assault can be put off reporting because they dread coming up against a system that is not built to treat them in a way that is supportive of them.

Recent comments made by a judge in Northern Ireland in sentencing a man convicted of sexual assault have drawn widespread criticism as experts worry outdated attitudes may deter victims from reporting.

Judge Brian Sherrard KC reportedly advised the man — who has a history of violent behaviour — to find a wife and start a family.

He said the 36-year-old defendant was “still young” and his punishment would not “stop you moving on with your life in a more productive way, finding work or finding a wife or partner, getting a family and a home”.

The comment has been branded reckless and problematic as it dehumanises women, imagining them as a means by which abusive men can be rehabilitated. It has prompted a formal complaint to the chief justice of Northern Ireland, who said the remark "caused legitimate concern”.

Sex educator Dr Caroline West: 'Women shouldn't have to be viewed as collateral damage in the hunt to rehabilitate one person.'

While the comment was made by a judge in the North, it has sparked anger across the island, with campaigners saying the same problems exist in both jurisdictions. 

Sex educator Dr Caroline West said women are not rehabilitation centres for violent sexual offenders.

"Women shouldn't have to be viewed as collateral damage in the hunt to rehabilitate one person," the Glow West podcast host said.

Such attitudes, while not as commonplace as they once were, tend to spark anger and backlash but rarely is there a feeling of surprise when they are reported.

It is especially damaging when coming from a person in a position of power and responsibility such as a judge.

In the wake of Judge Sherrard's comments, the Lady Chief Justice of Northern Ireland acknowledged the legitimate concerns raised and said: "I have provided advice and guidance to the judge in relation to these matters... I have also arranged for further guidance and training for all the judiciary."

Dublin Rape Crisis Centre chief executive Noeline Blackwell said victims worry about the attitude that will be taken toward somebody who presents to the court as a seemingly respectable person 'apart from the unfortunate tendency to engage in sexual abuse'. File picture: Sasko Lazarov / RollingNews.ie

To hear even one judge take such an approach to a serious case of sexual assault is undoubtedly one of the things people take into account when deciding whether or not to report their own rape or sexual assault, said Noeline Blackwell, chief executive of the Dublin Rape Crisis Centre.

Victims have "that sense that if they report something, the attitude of the court may be 'Well, it was only something or other. That can be fixed by finding a good woman and getting into a relationship with her'.

That treatment of a woman as an object is undoubtedly something people still worry about."

Victims worry about the attitude that will be taken toward somebody who presents to the court as a seemingly respectable person "apart from the unfortunate tendency to engage in sexual abuse", she said.

Sexual abuse is not unfortunate

Sexual abuse is not unfortunate, it is criminal.

When the media reports on these crimes, it is often the inappropriate comments, controversial verdicts, and lenient sentences that garner the most public attention.

But when the initial outrage and Twitter arguments surrounding these stories die down and fade from the public's memory, they stay at the forefront of the mind for those who are impacted the most — the victims of these crimes.

Rape, sexual abuse, and domestic violence are notoriously under-reported crimes for a variety of complex reasons and no person's experience is the same.

One such reason is the process involved in reporting and going through the legal process in the pursuit of justice.

When cases such as the recent one in Tyrone make headlines, they create a certain perception of the system for a victim who is potentially going to be a witness in a case, says Dr Susan Leahy, senior lecturer in law at the University of Limerick.

It will impact on whether they decide to either engage with or stay the course with the criminal justice process. If they do stay the course, it will impact how they feel going into court — are they going to be afraid that this is the type of treatment they're going to expect."

For those who report these serious crimes, they need to be able to do so in the knowledge the system will support them, that there will be adequate resources in place and, most importantly, that they will not be re-victimised by the process.

Dr West said the onus is on those in positions of power and responsibility to educate themselves and to make sure they have access to the most up-to-date training and information.

"Otherwise, they are doing victims a real disservice."

Training for judges and lawyers

Following the O'Malley Review, published in 2020, the Bar Council said it delivered a programme of training sessions covering understanding vulnerability, vulnerable persons in the court setting and secondary trauma.

A spokesperson said the intention was to build on this over the coming years.

As this type of training did not form part of the training for judges and lawyers until very recently, there is a long way to go until there can be any sort of assurance that all judges who may come into contact with a person who has been traumatised has had all of the relevant training.

"The criminal justice system was never set up to hear stories of intimate violence and to judge those accounts," said Ms Blackwell.

The Dublin Rape Crisis Centre was among the groups asked to work with the judiciary on the current training and while Ms Blackwell welcomes the progress, she remains conscious that every month there are people who are put off reporting because they dread coming up against a system that is not built to treat them in a way that is supportive of them.

People are entitled to not be retraumatised by the court process. Too many of them are, too many of them tell us and indeed tell the world that the court is often as bad as the rape. We have to change our systems."

Dr Leahy believes it is important to highlight that victims now have much stronger rights than in the past. There are much better facilities to support them through the trial process.

There are great court accompaniments, fantastic facilities, she said.

"They have actual legal rights now to support and protect information. We have processes where they can be legally represented in an application process where there is an attempt to bring in their sexual history evidence."

There is also a formal application process where there is an application to use their counselling records.

Dr Leahy believes the communication of these resources, protections and supports needs to be better communicated to the public so victims will be aware of what is available to them when deciding whether to pursue their case.

There is progress being made but for those who are currently going through the courts or considering it, experts agree this progress still feels crushingly slow.

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