A former High Court judge has come under fire from the Dublin Rape Crisis Centre after insisting judges imposing sentences for rape and sex crimes do not need specialised training and education. Comments by Mr Justice Barry White had prompted calls to the centre’s helpline and “removed any doubt” whether judges needed training in dealing with crimes of sexual violence said the chief executive of the Dublin centre, Ellen O’Malley Dunlop .
The judge, who retired last week, had described some rapes as “less violent” than others but rape was “an inherently violent act” and there was “no such thing as a less violent rape”, she said.
Mr Justice White, who presided over rape and murder cases in the Central Criminal Court, made the remarks on the RTÉ Radio One on Today with Seán O'Rourke. While rape was a violent crime, some rapes were less violent than others and judges had to decide where they lay on the scale of gravity, he said. Sentencing judges must balance several factors, including the particular crime and its effect on the victim and should not be influenced by victims seeking a higher sentence
“The Supreme Court has said there must be an immediate and substantial sentence for rape,” he said. Sentences could be as low as five years but sentences of 14-15 years and life had been imposed.
He did not believe judges needed specialist training when sentencing for rape and sex crime. “Most judges sitting in the Central Criminal Court have had long criminal experience with substantial criminal practices over a protracted period and are fully aware of the parameters within which sentences must be imposed.” Judges, while independent in the exercise of their functions, would in particular cases ask for the views of colleagues in relation to the sentence being considered, he added.
He was asked about a rape case where the victim was a Brazilian woman whose attacker was jailed by the judge for 7½ years, with 3½ suspended. He said he noted the victim impact statement appeared to indicate a considerable interest in compensation on the part of the victim.
Ms O’Malley Dunlop said the judge’s comment involved an “implicit judgment” of the victim. Compensation was available to victims in the Brazilian and Irish criminal justice systems and rape in Ireland ordinarily attracted an immediate and substantial custodial sentence, notwithstanding whether compensation was paid, she added.
During the interview, Mr Justice White also said higher sentences for knife crimes might act as a deterrent and there should be higher sentences for manslaughter. He was “severely slapped” by the Court of Criminal Appeal for previously saying there should be a minimum sentence of 14 years for knife crimes where life was lost, but some other judges shared his views on those issues, he said
On the cuts to judicial pay and pensions, he said many judges had made a voluntary contribution to the public service pension levy but others “at the pin of their collar” could not pay the full amount, even if they had a good salary. There was a risk that reduced pension entitlements would affect the quality of applicants for the judiciary.
Mr Justice White, who had a considerable criminal practice before his appointment as a judge 12 years also, said he wanted to return to practice. A Bar Council spokeswoman said it was considering his request to waive a rule preventing former judges from practising in courts lower than those where they served on the bench.
