Sexual assaults

We are failing the vast majority of citizens who experience sexual violence by not providing them with adequate medical and forensic…

We are failing the vast majority of citizens who experience sexual violence by not providing them with adequate medical and forensic services within a supportive legal framework. A decision by the Health Service Executive to open new sexual assault treatment units in Galway and Mullingar and to provide special training for doctors and nurses is a welcome first step in addressing those shortcomings. But more needs to be done in terms of reforming legislation and improving our policing and courts system.

Research has shown that, out of 20 European countries, Ireland has the worst record when it comes to the successful prosecution of sexual-assault cases. Fewer than one in 10 victims actually report the matter to the Garda Síochána and, of this number, an estimated 5 per cent result in criminal convictions. So, while Garda statistics report conviction rates varying from 30 to 70 per cent in different years, these do not reflect the cases that never get to trial because of the withdrawal of complaints by individuals or arising from decisions taken by the Director of Public Prosecutions (DPP).

There has been an unfortunate tendency to turn a blind eye to the incidence of sexual crime and to blame victims for being in vulnerable situations, rather than seeing offenders as would-be predators. In a civilised society, a "scarlet woman" defence should be unacceptable. Saying "no" to an unwanted sexual advance - and clearly meaning it - should be sufficient grounds for a successful prosecution. But six out of 10 cases referred to the DPP by the Garda are not acted upon. And we do not know why. There are good reasons why the DPP should not comment on individual cases, but the public interest would surely be served by identifying the causes for such a high rejection level.

Establishment of the new sexual assault units will provide a minimum level of medical and forensic treatment in the State and complement those services which already exist in Dublin, Cork, Waterford and Donegal. Criminal evidence secured at such centres may be vital for a successful prosecution and, perhaps as importantly, sensitive care and support for the victim can minimise long-term psychological damage. The expansion of services through the training of doctors and nurses will also help.

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Providing medical assistance is just one aspect of what is required. A study at UCG is expected to recommend changes in our policing and legal systems to make them more responsive to the rights of victims. New laws and changes in aggressive and unsympathetic procedures will be required. The sooner that happens the better.