Calls for mandatory rape sentence

A Government backbench TD, Mae Sexton of the Progressive Democrats, has added her voice to Opposition demands for the introduction…

A Government backbench TD, Mae Sexton of the Progressive Democrats, has added her voice to Opposition demands for the introduction of mandatory sentencing for convicted rapists.

Fine Gael yesterday called for the same action after a Co Clare man was found guilty of raping a woman in her home and given a three year suspended sentence.

Adam Keane (20) from Daragh in Co Clare was convicted at the Central Criminal Court yesterday. The victim, Mary Shannon (33), a mother-of-three, waived her right to anonymity to plead with the Director of Public Prosecution to appeal the three year suspended sentence handed down to Mr Keane.

Mary Shannon from Ennis, Co Clare, who waived her right to anonymity in an attempt to get a stronger sentence for the man who broke into her home and raped her. Photo: RTE
Mary Shannon from Ennis, Co Clare, who waived her right to anonymity in an attempt to get a stronger sentence for the man who broke into her home and raped her. Photo: RTE

Ms Shannon said yesterday the sentence was "absolutely disgraceful" and she had lost all faith in the justice system. "I really believed yesterday that justice was going to be done and it was only a matter of how many years in jail he was going to get, but that's not what happened yesterday at all," she said.

READ MORE

"I'm absolutely devastated and I feel so let down by the whole justice system."

Fine Gael TD Olwyn Enright noted that Minister for Justice Michael McDowell has moved to impose mandatory sentences on drug offenders. "Fine Gael believes we must now give serious consideration for mandatory minimum sentences for convicted rapists."

Ms Enright added that the rapist in this case, who was found guilty, "would have been able to leave the courthouse as a free man, possibly through the same door as his victim . . . This case will result in fewer women reporting rape then ever before. I would urge the DPP to consider launching an appeal".

Labour Party spokesman on justice, Brendan Howlin, said that there was a compelling case for the DPP, using the powers available to him under the 1993 Criminal Justice Act, to appeal the sentence imposed on Keane.

Jan O'Sullivan, Labour Party TD and director of the Limerick Rape Crisis Centre said she was "very concerned that this decision will deter victims from coming forward in the future."

"That is why, as well as Mary Shannon's right to be vindicated, I want to see this case appealed and the judgement re-visited. There must be public confidence in the courts response to all crimes of rape," she concluded .

Mae Sexton agrees and has said that the Oireachtas and the Government has a responsibility to protect victims of serious sexual assault.

Ms Sexton has demanded the clampdown on avoiding minimum mandatory sentences in the new Criminal Justice Bill is extended to cover, rape, sexual offences and any offences that harm the person.

She has said that if such an amendment cannot be made, she wants a specific bill drafted to introduce mandatory sentencing for rape.

Ms O'Sullivan agreed that the DPP should appeal the sentence and said "If the public cannot have trust in the courts then the only alternative is for the Oireachtas to lay down minimum sentences."

Ms Enright points out that rape victims face numerous other obstacles to reporting their crime.

She said that more than 6,000 people called the Dublin Rape Crisis Centre in 2005 to report recent sexual assaults, yet only 95 of these were reported to the Garda. Five of these went to trial, resulting in four convictions and one acquittal.

"Rape victims, and particularly women, have to overcome numerous barriers if they decide to press charges. So for a judge to ignore a rape victim's bravery by imposing a suspended sentence on the assailant simply beggars belief."

Ms Enright also said that even if a rape victim decides to press charges there are other difficulties to face.

"Many still have to travel hundreds of miles to be examined, wearing the same clothes in which they were assaulted. Many have to meet their assailant face to face for identification."

Ms Enright believes that imposing mandatory minimum sentences on rapists would "send out a clear message to potential rapists that they will not get away with the crime . . . It would also encourage more women to come forward."

Meanwhile Sinn Féin Justice Spokesman Aengus Ó Snodaigh said: "This case highlights the urgent need for proper training for judges.

"As part of that training, judges should meet with the various victims groups to get an accurate picture of the true impact of rapes and sexual assaults.

"Having received proper training judges should then be issued with sentencing guidelines providing information and direction while at the same time allowing for a certain amount of judicial discretion.

Mr Ó Snodaigh added that what was needed was "more consistent prosecution of sexual assault, rapes and domestic violence".

"In the mean time where necessary the DPP should appeal sentences that are overly lenient including this one."