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Dáil
‹ Ceisteanna ó Cheannairí - Leaders' Questions

Rape trial myths and consent education

Summary

Ruth Coppinger raised concerns about rape myths in trials, the chilling effect on victims, and the need for legal change, consent education, and judicial or jury training. The Taoiseach strongly rejected victim-blaming, highlighted recent domestic and gender violence legislation and increased funding, while Coppinger replied that students are still funding some initiatives themselves.

Eight months ago, thousands of people took to the streets following the Belfast so-called rugby rape trial. We protested the treatment of the young woman involved at her clothing being passed around the jury. This week, another young woman suffered humiliation during a rape trial in Cork. We cannot comment on the verdict in the case but we need to focus on the lessons. Why has nothing yet been done to stop the routine use of rape myths in trials? How concerned is the Government about the chilling effect this is having on victims coming forward? A barrister told the jury to "look at the way she was dressed", that she was "open to meeting someone" because she was "wearing a thong with a lace front". A 17 year old was put in the dock for her choice of underwear. She was "open to meeting someone": the implication was that she was asking for it.

Women in this country are getting a little bit weary of the routine victim-blaming in Irish courts and the failure of lawmakers in this House to do anything about it. Either the Judiciary believes these rape myths, in which case judges should be forced to undergo education - it should not be voluntary - or they are being used to introduce sexist stereotypes which they know exist in society and among juries. I suspect the latter. Recently we have seen clothes, fake tan and even contraception being used to discredit women who have the bravery to go to court. The most recent study by the Rape Crisis Network estimated that, at best, 10% of rapes are ever reported and only one in 40 rapes is appropriately punished. How heroic must one be and what levels of fortitude must one have to pursue a rape trial in this country, particularly when research shows there is less chance of the accused being convicted if the complainant is young, knew the rapist, had consumed any alcohol or drugs or is from a working-class background and up against a well-paid lawyer?

We do not have data in this country because of the lack of funding for an updated Sexual Assault and Violence in Ireland, SAVI, report, but the Trades Union Congress, TUC, in Britain found that 63% of 18 to 24 year olds have experienced sexual harassment at work, as have 69% of hospitality workers and 67% of manual workers. Last week, Google workers effectively took strike action protesting sexual harassment and inequality even though they do not have a union. The #MeToo campaign has to be taken into the workplace and into society. Women and men see the necessity of taking action because they cannot wait for the pace of change being offered by this Parliament. Protests against the conduct of the trial will take place in five cities, including rallies at the Spire in Dublin and on St. Patrick's Street in Cork at 1 p.m. tomorrow.

It might seem embarrassing to show a thong here in this incongruous setting of the Dáil, but the reason I am doing it is, how do you think a rape victim or a woman feels at her underwear being shown in the incongruous setting of a courtroom? When will this Dáil take serious action on the issue of sexual violence?

Comment on this
Leo Varadkar The Taoiseach Fine Gael

I thank the Deputy for raising this important issue which is of enormous concern to the Irish public, both men and women. Let there be no doubt that nobody asks to be raped and it is never the fault of the victim.

It does not matter what one wears, where one went, whom one went with or whether one took drugs or alcohol. Nobody who is a victim of sexual violence or rape is ever to blame for the crime committed on them. I believe any defence on those lines is absolutely reprehensible. Let me put that very clearly on the record of this Dáil.

In terms of any individual court cases, the Deputy knows how the courts work. We live in a democracy. This is Parliament. Parliament is separate from the courts. When there is a prosecution, there is a defence. The judge and jury hear all the evidence presented during the trial. The jury comes to a decision on whether there is a conviction and then the judge rules on an appropriate sentence. We cannot interfere in the way individual court cases are conducted. However, I believe we need to examine this matter. A review has been established under the chairmanship of Tom O'Malley, who is a recognised expert in this area. He will look at issues like the evidence offered, the protocols, the practice and the procedure to see whether we can improve how such trials are conducted.

Comment on this

The point is that this Dáil has not taken sexual violence and harassment any way seriously enough, in comparison to the level of anger and outrage that exists in society. We need massive legal changes. We need a discussion about consent throughout the length and breadth of society. The Government could start this process by approving the Provision of Objective Sex Education Bill 2018 immediately. This Bill, which has been proposed by Solidarity, has consent at its core. Will the Taoiseach give a commitment to have compulsory training for the Judiciary and for juries? Provision should also be made for advocates for survivors. If we put the survivor at the centre of this process, we will ensure we do not maintain the current high attrition rate for sexual cases. Most people have to wait two or three years to have their cases heard. All the cuts to the rape crisis centres imposed over the last decade need to be reversed. This will ensure the centres can do the type of research that is necessary. Will the Government set up the specialist Garda units that were apparently dropped, for whatever reason? We know there is a report coming from Tom O'Malley. Change is happening in a piecemeal manner and at a snail's pace, especially in the context of the feminist revolt in society, which is a huge global phenomenon. I encourage people to come to the protest. That is what forces the political establishment to act.

Comment on this
Leo Varadkar The Taoiseach Fine Gael

It is important to record what this Oireachtas has done. In the past couple of months, we have passed and enacted new domestic violence legislation and gender-based violence legislation. That will enable us to sign the Istanbul Convention on domestic violence and gender-based violence. In terms of services for the Rape Crisis Network, as the Deputy will be aware, Tusla is the funder of domestic, sexual and gender-based violence services. The budget for such services has been increased to €23.8 million, which represents an increase of €3.4 million from 2016 to 2018. I know that some individual service providers and advocacy bodies have had their funding reduced. Others have had it increased. Overall, there has been an increase in funding for these areas. We have put a significant effort into the whole issue of consent. This has involved workshops with professionals. A particularly big effort has been made in education - in our schools and universities - to make sure those discussions are happening.

Comment on this

Students are having to fund such initiatives themselves. They are not funded by the Government.

Comment on this