September 12, 2002 Calls for DPP to give reasons
for not pursuing rape cases
By Michael O’Farrell in The Examiner
THE DPP should be made accountable and give
reasons for decisions not to pursue rape cases,
leading academics and rape help groups have urged.
The call follows widespread concern over the small
number of rape convictions compared to a rising
number of detected rape and sexual assault cases.
Figures released by the Department of Justice in July
show that sexual offences increased by 886 to 1,956
last year an 83% increase on the year before.
But according to the Dublin Rape Crisis Centre's
Sexual Abuse and Violence in Ireland (SAVI) report,
published this summer, only about 3% of reported
rapes ever result in a conviction. The SAVI report
showed that last year just 31% rape victims reported
their rape and of those who did just 9% resulted in
convictions.
Campaigners say the fact that the DPP does not
give reasons for dropping a case leaves many women
feeling guilty and does nothing to encourage rape
victims to come forward.
"They really feel that when their case is not
pursued by the DPP that someone is blaming them. It
feels like a judgement," said Geraldine
Connelly, head of clinical services at the Dublin
Rape Crisis Centre.
"If at the end for some reason unknown to
you, your case is dropped, it just adds to the trauma
and you have no result," said Ingred Wallace of
Rape Crisis Network Ireland (RCNI).
Kate Mulkerrins, barrister and law tutor at NUI
Galway, said it was important for the DPP to explain
why cases are dropped to expose the inadequacies of
the law regarding rape.
"You legally cannot convict someone if they
defend themselves on the basis that they thought
consent was given," she said, adding that unless
there was obvious brutality or violence the consent
argument was a ready-made defence for rapists.
If the DPP began telling victims that cases could
not be taken because the law made it nearly
impossible to win if a case is contested, the law
would have to change, Ms Mulkerrins said.
"I don't think anything is going to change
quickly unless we have a degree of public outrage
about this ," she said.
The issue is one of the legal issues surrounding
sexual abuse to be discussed at a conference this
weekend in Galway which will hear from several
academic experts including Ms Mulkerrins. Other
issues will include the up to two year delay
experienced by victims waiting for rape trials.
A spokesperson for the DPP last night declined to
comment. However, the director has previously
indicated that if he gave a reason in one case he
would be expected to do so in all cases. This view
was upheld by a Supreme Court ruling in 1994.
* The Rape Crisis Network Ireland can be contacted
on 091-563676 for details of this weekend's
conference.
Posted by Colm at September 12, 2002 09:21 AM
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