RCNI Press Release 15 March 2007
RCNI call for sentencing guidelines after shock suspended sentence
The Rape Crisis Network Ireland (RCNI), call for the government to respond to calls for sentencing guidelines in the interest of justice.
Fiona Neary, RCNI Director said, ‘the objective of consistency in sentencing is that justice is served. Justice must be seen to be done to maintain the credibility of the law. Recent sentencing in rape cases has highlighted the impact of lenient and inconsistent sentencing on both the victims, the public in general and those who may be considering reporting such crimes. The RCNI believes the pursuit of justice in crimes of sexual violence can be enhanced through the establishment of guidelines in sentencing.’
Kate Mulkerrins, RCNI Legal Coordinator said, ‘sentencing guidelines for sexual offences have proved their worth in other jurisdictions and would do so here as they offer firm guidance towards just and proportionate sentences which reassure the victim and the public that the seriousness of the crime is being reflected in the punishment. Such guidelines retain sufficient judicial discretion to reflect the particular circumstances of not just the offence but the offender, thereby producing justice for all.
‘A mandatory sentencing regime would not be helpful because it would risk bringing the law into disrepute in a number of ways. Firstly by failing to deliver ‘justice’ in ‘proportionate’ sentences and because a coerced and reluctant judiciary have proved themselves more than willing to circumvent the will of the legislature where they see justice demanding it. We could end up with the worst of both worlds.
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.
For information contact:
Cliona Saidlear: 087 2196447
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Fiona Neary, RCNI Director said, ‘the objective of consistency in sentencing is that justice is served. Justice must be seen to be done to maintain the credibility of the law. Recent sentencing in rape cases has highlighted the impact of lenient and inconsistent sentencing on both the victims, the public in general and those who may be considering reporting such crimes. The RCNI believes the pursuit of justice in crimes of sexual violence can be enhanced through the establishment of guidelines in sentencing.’
Kate Mulkerrins, RCNI Legal Coordinator said, ‘sentencing guidelines for sexual offences have proved their worth in other jurisdictions and would do so here as they offer firm guidance towards just and proportionate sentences which reassure the victim and the public that the seriousness of the crime is being reflected in the punishment. Such guidelines retain sufficient judicial discretion to reflect the particular circumstances of not just the offence but the offender, thereby producing justice for all.
‘A mandatory sentencing regime would not be helpful because it would risk bringing the law into disrepute in a number of ways. Firstly by failing to deliver ‘justice’ in ‘proportionate’ sentences and because a coerced and reluctant judiciary have proved themselves more than willing to circumvent the will of the legislature where they see justice demanding it. We could end up with the worst of both worlds.
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.
For information contact:
Cliona Saidlear: 087 2196447
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