RCNI Press Release 12 January 2006
Grooming and secrecy means justice eludes child abuse victims
The Rape Crisis Network Ireland’s (RCNI) spoke out about their deep dismay at the dismissal of an abuse case on the grounds that the complainants had waited too long to report the abuse. The case against the 48 year old man was stopped yesterday (11th Jan 06) by Judge Eamon de Valera on the basis that 18 years had passed since the incidents.
Kate Mulkerrins, RCNI Legal Coordinator said, ‘while the right to timely prosecution to allow for a defensible trial is a central pillar in our legal system, sexual violence has been recognised as presenting particular conditions different to other types of crimes. Mrs Justice Susan Denham’s seminal judgement in the mid 1990s recognised the unique position of sexual crimes in that it was often the case that the delay in reporting was caused by the power and control the abuser exerted over their victims. In cases of child abuse, the victims turning 18 and moving away from the abuser does not necessarily mean that they are then free from the control and power of the abuser. It may take many more years before the survivors can feel strong enough or free to report these types of crimes. The RCNI recognise the constraints the judiciary face in balancing the competing interests of fair trial procedures with the understandable constraints preventing timely reporting. What we desperately need, therefore, is for a public debate which will lift the constraints on survivors of child abuse in Ireland and encourage and support them to make timely complaints to the Gardaí. The RCNI’s Agenda for Justice (2005) outlines some of the steps we can all take in moving Irish society towards that goal. ’
Fiona Neary, RCNI Executive Director said, ‘it is deeply concerning that an Irish court would be seen to have such a limited understanding of child abuse. The judge stopped the trial for rape and sexual assault of the defendant of his two sisters on the basis that it had been 18 years since the incidents. This abuse was alleged to have started when the girls were only seven and eleven. There are complex reasons why people would delay in reporting this form of child abuse.
This might include the effects of the trauma, the manipulation and conditioning that may have been involved which could have long standing effects on victims even as they became adults and were no longer directly vulnerable to the abuser. The effects of grooming could well have meant the victims blamed themselves, minimised and tried to block out the abuse. These would all work against reporting. Further, given abuse often happens within the family it is highly likely that survivors keep their secret in order to protect others within their family, such as elderly parents, from the horror of knowing that there was an abuser within the family.’
Notes:
• The RCNI is the national forum of Rape Crisis Centres, which provides a strong voice for survivors and is a catalyst for social change to end rape and all forms of sexual violence.
• Agenda for Justice was launched by the RCNI in November of 2005 and is available online at www.rcni.ie or a hardcopy is available through the RNCI office. The document outlines Rape Crisis calls for reforms and the basis, rationale and hopes for those reforms.
For further information please contact Cliona Saidlear on 087 2196447
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Kate Mulkerrins, RCNI Legal Coordinator said, ‘while the right to timely prosecution to allow for a defensible trial is a central pillar in our legal system, sexual violence has been recognised as presenting particular conditions different to other types of crimes. Mrs Justice Susan Denham’s seminal judgement in the mid 1990s recognised the unique position of sexual crimes in that it was often the case that the delay in reporting was caused by the power and control the abuser exerted over their victims. In cases of child abuse, the victims turning 18 and moving away from the abuser does not necessarily mean that they are then free from the control and power of the abuser. It may take many more years before the survivors can feel strong enough or free to report these types of crimes. The RCNI recognise the constraints the judiciary face in balancing the competing interests of fair trial procedures with the understandable constraints preventing timely reporting. What we desperately need, therefore, is for a public debate which will lift the constraints on survivors of child abuse in Ireland and encourage and support them to make timely complaints to the Gardaí. The RCNI’s Agenda for Justice (2005) outlines some of the steps we can all take in moving Irish society towards that goal. ’
Fiona Neary, RCNI Executive Director said, ‘it is deeply concerning that an Irish court would be seen to have such a limited understanding of child abuse. The judge stopped the trial for rape and sexual assault of the defendant of his two sisters on the basis that it had been 18 years since the incidents. This abuse was alleged to have started when the girls were only seven and eleven. There are complex reasons why people would delay in reporting this form of child abuse.
This might include the effects of the trauma, the manipulation and conditioning that may have been involved which could have long standing effects on victims even as they became adults and were no longer directly vulnerable to the abuser. The effects of grooming could well have meant the victims blamed themselves, minimised and tried to block out the abuse. These would all work against reporting. Further, given abuse often happens within the family it is highly likely that survivors keep their secret in order to protect others within their family, such as elderly parents, from the horror of knowing that there was an abuser within the family.’
Notes:
• The RCNI is the national forum of Rape Crisis Centres, which provides a strong voice for survivors and is a catalyst for social change to end rape and all forms of sexual violence.
• Agenda for Justice was launched by the RCNI in November of 2005 and is available online at www.rcni.ie or a hardcopy is available through the RNCI office. The document outlines Rape Crisis calls for reforms and the basis, rationale and hopes for those reforms.
For further information please contact Cliona Saidlear on 087 2196447
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