RCNI Press Release 26 April 2004

The Judge Curtin case: a rare glimpse behind the DPP veil of secrecy

The Rape Crisis Network Ireland (RCNI) responded with concern to the debacle that saw the case against Judge Brian Curtin for possession of child pornography, terminate before the evidence could be tested in court.

Kate Mulkerrins, Legal spokesperson for the RCNI said, ‘There is a direct link between the abuse of a child and the appearance of the offending image on the internet. The continued circulation of those images is a continued and further abuse of the children involved. Those who download, view and exchange these images are an integral part of the child pornography industry and it is time we recognised and took seriously this reality. There can no longer be any argument that viewing child pornography on the internet is a victimless crime. Sentencing should reflect the seriousness of the crime. The RCNI message is that pleading ignorance of the harm that viewing child pornography on the internet is no longer an acceptable defence.
The gardaí have seen an explosion of this new type of crime and cooperated with the US authorities in Operation Amethyst but so far the Irish state has not put in place the resources to build our own capacity in this difficult policing area.

The RCNI has long been calling attention to the lack of transparency of the DPP process in relation to sexual violence crimes. Ireland has the lowest attrition rate for rape cases in Europe. On the back of the recently published report from that Gardai are more concerned to test the truth of the rape victim’s statement rather than properly follow up the details of the case. The decision of the DPP to prosecute is one of the most secretive processes in the legal system and. In affect, within the criminal justice system rape victims are first tried by the garda and then the DPP. Only when they have ‘proven’ themselves to these two does a rape case ever get to court in Ireland. This situation places an unacceptable and unique burden on the victims to prove the crime even before the case goes to court. Continued DPP lack of transparency in its decision making process means the survivor of sexual assault and rape will continue to be tried by the Criminal justice system rather than the perpetrator being tried for their crime.


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.
• Judge Curtin was charged under the Child Trafficking and Pornography Act 1998. Had he been tried and convicted the crime carries a maximum sentence of five years in jail with a fine of up to €6,300.
• In the past Judge Curtin has sat on sex offender cases where he has given community sentences to those found guilty.

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