Legal system condemned for failing victims of rape

Rape victims should have their own legal representation, the burden of proof of consent should rest with the defendant and judges…

Rape victims should have their own legal representation, the burden of proof of consent should rest with the defendant and judges should receive special training in dealing with rape and sexual assault, the forum was told.

Ms Dorothy Morrissey, of the National Network of Rape Crisis Centres, had three examples of cases where the system failed women who had been raped.

The first was "Clare", who was eight months pregnant and had a satisfying sexual relationship with her partner. He did shift work. One night he came home while she was asleep and raped. She was hospitalised for a week and, though she did not lose the baby, suffered pain and discomfort for the remainder of her pregnancy.

The rape was reported to the gardai, but there was no prosecution. Rape was the only crime where the victim had to prove she had not invited the crime, she said.

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Rape crisis centres urged the introduction of independent legal representation for rape victims. The case of "Maria" revealed this need.

She lived in a large housing estate with her partner and two children. One day on her return from a visit to her parents she was attacked by four young men and raped by each of them. She was also kicked and beaten. Her facial injuries were so bad her family did not recognise her when they visited her in hospital.

Three of the men were arrested and charged, and the case went to trial a year later. They pleaded not guilty. The prosecution counsel had agreed to talk to her, but, although she waited for two hours, no one came to her until a garda told her the barristers had reached an agreement and she could go home. That was a guilty plea to rape from one man, and guilty to sexual assault from the other two.

A 19-year-old woman she called "Sarah" was raped by a father of five known to her in the village where she lived. When she complained to the gardai his family and friends harassed her and she moved. Harassment of her family continued.

When the case came to trial the man, who had a previous conviction for rape, was convicted and sentenced. But a new trial was ordered because the trial judge had not warned the jury they should consider whether the rapist may have thought she consented.

The burden of proof on consent must shift from the victim to the defendant, Ms Morrisey said. She also urged legislative change so the Director of Public Prosecutions had to give a reason for not proceeding with a prosecution.

Ms Margaret Costello of the Irish Federation of Women's Refuges cited rising figures for judicial reliefs like barring orders, protection orders and safety orders to indicate the scale of violence against women.

She urged more training for gardai in this area, and a pro-arrest policy, pointing out the differences which existed in Garda practice from area to area. For example, in the Laois/Offaly area there were 83 reported incidents of domestic violence, 39 arrests and 39 convictions, while in Longford/Westmeath the figures were 234 incidents, but only 23 arrests and 19 convictions.

Ms Denise Charleton of Women's Aid said crime was generally portrayed as something mainly committed by young urban males against property. Yet in a 1995 survey 18 per cent of women reported abuse by their partner. Women's Aid urged an inter-agency approach to the crime of domestic violence.