State fails to protect women

The court was reportedly stunned by the judge's remarks

The court was reportedly stunned by the judge's remarks. It was just over a month ago, and Justice John Neilan was sitting in Longford District Court.

The woman before him had asked that her complaint of domestic violence against her husband be withdrawn.

Justice Neilan told her that women who back out of complaints in this way "do no service to the female section of the community". He added: "You are only encouraging people to assault you by what you have done here today." It was an honest, if inappropriately harsh, reaction of an officer of the court intensely frustrated by the manner in which many women respond to a system which is supposed to protect them.

Justice Neilan had been outspoken in the past on the numbers of domestic violence cases, describing the phenomenon of abuse of women in the home as being "out of control".

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What the Amnesty report Justice and Accountability - Stop Violence Against Women published this week makes so clear is that the support systems simply do not exist to assist victims of domestic assault pursue their cases through the courts. And no amount of blaming them when they either do not report an assault or subsequently withdraw a complaint will change that reality.

The report indicates that for many women beaten in the home, reporting the crimes perpetrated against them serves only to increase the risks which they, and often their children, may face. With waiting lists of up to three months for barring orders in some areas, it is not surprising that many women believe they may be safer either not to report, or indeed to withdraw a complaint if made.

This represents a major failure for the justice system in this country. That such large numbers of people - overwhelmingly women - are effectively intimidated out of reporting crimes committed against them is a national disgrace.

The figures here are stark. Of 8,452 incidents of domestic violence reported to the Garda in 2003 (down by almost 20 per cent since 2002, incidentally), less than half resulted in barring orders from the courts. This should be compared with almost 20,000 calls made to the Women's Aid helpline during the same period, over a quarter of which went unanswered due to that organisation's lack of funding.

When we then look at convictions of perpetrators in the courts, figures indicate that successful prosecutions occurred in only 7.7 per cent of these cases. And even within that tiny percentage, Amnesty points to inconsistency of sentencing.

Overall, the vast majority of men who beat, assault and rape their partners get away with it, while most women treated in this way suffer in silence. Amnesty for instance points out that there has not be a single conviction for marital rape in this country, despite specific legislation making it a crime since 1990 and its frequent occurrence as reported by victims to organisations such as Women's Aid.

An analysis of the overall figures for rape shows an equally alarming picture. Here there is a vast chasm between the numbers seeking assistance from the rape crisis centres (the Rape Crisis Network Ireland dealt with a staggering 45,000 calls on their helpline in 2004) and the cases ending up in court: a mere 37 in 2004.

The rape crisis centres, which are desperately attempting to provide support to victims effectively abandoned by the State, have been starved of funding for several years. An example of just how low a priority is given to rape can be seen from the lack of forensic facilities for victims around the country. With only five centres equipped to gather physical evidence of rape from a victim, many women (and indeed men and children) have to travel - without washing - for up to four hours to reach a facility where they can be examined.

The pattern of lack of State funding is replicated among the voluntary organisations providing sanctuary for the victims of domestic abuse. Amnesty quotes a figure of almost 600 women turned away from refuges, due to lack of space. In many cases, these women had no option but to return, with their children, to the family home - where they were again beaten by their partner.

On the basis of its analysis of the entire area of sexual and domestic violence in Ireland, Amnesty has drawn a conclusion which may have serious implications for the Irish Government as it attempts next month to defend its record on women's rights at the United Nations.

Amnesty says international case law is leaning towards the conclusion that physical and sexual violence against women amounts in certain cases to torture and inhuman and degrading treatment under both UN and EU legal definitions. It concludes that the Irish State is itself guilty of these abuses through its failure to act to protect the rights of women affected. Ultimately, it is only by holding the Government to account internationally for its almost criminal neglect of this area that the rights of women will even begin to be realised.

mraftery@irish-times.ie