Natasha O’Brien and character references
Senators Maria Byrne and Martin Conway commended Natasha O’Brien’s bravery and urged further support for victims. Senator Annie Hoey then asked where legislation on character references stood and whether another debate was needed on culture in the justice system.
I commend Natasha O’Brien on her bravery in speaking out against the appalling attack she endured two years ago, although the court case was heard this week. She bravely spoke up about the homophobia she witnessed and what she had endured herself. I also commend the people who have come out to support her, not only in Limerick, but all over the country. She is in Leinster House today. I encourage other women who have endured similar attacks to come out as well. Her bravery makes her a role model for other people.
The Minister, Deputy McEntee, has doubled the sentence for assault from five years to ten. Unfortunately, this case predated that. Another measure being introduced will mean that anyone who gives a character witness in a sexual violence case will have to be available for cross-examination. These are two important developments.
A case and investigation are under way within the Defence Forces and we cannot prejudice them, but I would like to see a number of things happen, one of which is the expediting of the third national strategy on domestic, sexual and gender-based violence. Perhaps there could be mandatory training for all members of the Judiciary, as well as an education and training programme in our schools to highlight the issues surrounding sexual-based violence.
Comment on this
I join in commending the bravery of Natasha O’Brien. It is when people waive their anonymity, tell their stories and explain what has happened and how abhorrent they feel their treatment was that we see change. I have no doubt but that we will see further change as a result of Ms O’Brien’s bravery. The Minister, Deputy McEntee, has made significant changes. She met Aimée Foley and me for two hours following Ms Foley’s experience with the judicial process. I have no doubt that when the time is appropriate, she will meet Ms O’Brien and we will see changes.
For a long time, I have had a concern about the use of suspended sentences in the overall context. Sentences are there for a reason. The suspension of sentences should be a rarity, but it appears to me that they are becoming the norm in our judicial process. The time has come to acknowledge this and consider it.
While we now have certain judicial boards and so on, I believe it is appropriate, as legislators, to look at what we can do to reduce the prevalence of suspended sentences and to restore them to being a rarity, as opposed to the norm.
Comment on this
I join everyone in referencing Natasha O'Brien's bravery in coming forward. We had a conversation in this Chamber where Senators Doherty, Chambers and Pauline O'Reilly moved a Bill specifically about character references. We went through the Second Stage of that. Is this a time we need to have that conversation again? Where is that legislation and will it be moved forward? At the time, we spoke about changing a culture that puts victims on trial. Over the past few days, we first saw the bravery of Natasha, but other stories came forward about those deemed upstanding members of society despite the fact they did some of the most heinous things. They continue to serve in what I say should be upstanding institutions, and a lot of it seems to be based on the idea of character references. If you are an upstanding person, what you have done is somehow less of an offence. Some may not have only done character references for the people we know about. It may be more than one. Those victims have to sit through character references. They have to hear the individual being lauded in society. I have supported friends through this process and I cannot imagine what it is like to have to listen to people defend someone who did something, speak about their good name and then argue they deserve a lighter sentence or slap on the wrist. That individual will have to live with physical and emotional scars for the rest of their lives. They have to live with the scars on their bodies and with their experience. It might be timely to have a conversation about whether that legislation will be brought through any further Stages or if there is any update as to where it is with the Minister.