RCNI Press Release 9 December 2008
Perpetrator who indecently assaulted sister benefits from faulty law
Rape Crisis Network Ireland (RCNI) today commended the victim of indecent assault by her brother, for taking her fight for her freedom to have her anonymity waived, to the High Court and expressed regret that this issue has not yet been resolved by the government.
Fiona Neary, RCNI Director, said ‘the survivor in this case, who was abused by her brother, could face court action from both the State and her convicted brother, if she reveals her own identity. Laws on anonymity are in place to protect victims. While the perpetrator often as a result also enjoys anonymity, it has never been the intention of the law that these provisions should serve the convicted perpetrators. Yet this is precisely what has happened in this case against the wishes of the victim.
‘The RCNI have highlighted this flaw in the law and campaigned for its amendment since 2005. It is unacceptable that laws intended to protect victims of sexual violence and incest can be turned against them by the convicted perpetrator to his own benefit. As noted by the High Court in its judgement today, its hands are tied. The RCNI call on Minister for Justice, Dermot Ahern to act with all necessary speed to amend the relevant law, Criminal Law (incest Proceedings) Act, to ensure this travesty does not continue.’
Notes:
• The RCNI is the national Rape Crisis Sector body, which provides a strong voice for survivors and is a catalyst for social change to end rape and all forms of sexual violence.
• RCNI, Agenda for Justice I, published in 2005 and available on www.rcni.ie under publications recommendation 7. and point 13 on page 8/9 reads as follows:
‘The benefit of complainant anonymity. Criminal Law (Rape) Act 1981 (as amended) and the Incest Proceedings Act 1995 leads to the protection of the identity of the perpetrator. Under the provisions of the Incest Proceedings Act 1995 the anonymity of both the complainant and the accused is protected and guaranteed even following conviction of the accused. Under the 1981 Act the anonymity of the accused is removed on conviction of a rape offence. The anonymity of the complainant is not removed. The 1981 provisions relating to the anonymity of complainants were extended to all sexual assault offences, defined in the 1990 (Rape) (Amendment) Act, as rape offences, aggravated sexual assault and sexual assault offences. Similarly, there is no provision for the complainant to waiver anonymity in such cases. The effect of all of this is that the Law or the Judge (who can give leave to over-ride anonymity in all cases except Incest) decides whether anonymity may be waived not the complainant. We are calling for an amendment along the lines of the UK provisions contained within the Sexual Offences (Amendments) Acts of 1976 & 1992 whereby anonymity may be lifted with the complainant’s written consent.’
• The 2006 Act, Section 6.3 extended Section 7 of the 1981 Act to cover offences as defined in the 2006 Act.
For information contact:
Cliona Saidlear: 087 2196447
……………..End…………………
Fiona Neary, RCNI Director, said ‘the survivor in this case, who was abused by her brother, could face court action from both the State and her convicted brother, if she reveals her own identity. Laws on anonymity are in place to protect victims. While the perpetrator often as a result also enjoys anonymity, it has never been the intention of the law that these provisions should serve the convicted perpetrators. Yet this is precisely what has happened in this case against the wishes of the victim.
‘The RCNI have highlighted this flaw in the law and campaigned for its amendment since 2005. It is unacceptable that laws intended to protect victims of sexual violence and incest can be turned against them by the convicted perpetrator to his own benefit. As noted by the High Court in its judgement today, its hands are tied. The RCNI call on Minister for Justice, Dermot Ahern to act with all necessary speed to amend the relevant law, Criminal Law (incest Proceedings) Act, to ensure this travesty does not continue.’
Notes:
• The RCNI is the national Rape Crisis Sector body, which provides a strong voice for survivors and is a catalyst for social change to end rape and all forms of sexual violence.
• RCNI, Agenda for Justice I, published in 2005 and available on www.rcni.ie under publications recommendation 7. and point 13 on page 8/9 reads as follows:
‘The benefit of complainant anonymity. Criminal Law (Rape) Act 1981 (as amended) and the Incest Proceedings Act 1995 leads to the protection of the identity of the perpetrator. Under the provisions of the Incest Proceedings Act 1995 the anonymity of both the complainant and the accused is protected and guaranteed even following conviction of the accused. Under the 1981 Act the anonymity of the accused is removed on conviction of a rape offence. The anonymity of the complainant is not removed. The 1981 provisions relating to the anonymity of complainants were extended to all sexual assault offences, defined in the 1990 (Rape) (Amendment) Act, as rape offences, aggravated sexual assault and sexual assault offences. Similarly, there is no provision for the complainant to waiver anonymity in such cases. The effect of all of this is that the Law or the Judge (who can give leave to over-ride anonymity in all cases except Incest) decides whether anonymity may be waived not the complainant. We are calling for an amendment along the lines of the UK provisions contained within the Sexual Offences (Amendments) Acts of 1976 & 1992 whereby anonymity may be lifted with the complainant’s written consent.’
• The 2006 Act, Section 6.3 extended Section 7 of the 1981 Act to cover offences as defined in the 2006 Act.
For information contact:
Cliona Saidlear: 087 2196447
……………..End…………………