RCNI Press Release - 7 December 2009

Monday 7th December 2009

NEW RESEARCH SHOWS INACCURATE STERYOTYPE OF RAPE IS RESPONSIBLE FOR PUSHING CASES OUT OF LEGAL SYSTEM

The Rape Crisis Network Ireland has, today (7.12.09) published ground breaking research into rape and its treatment within the criminal justice system. The research was prompted by Ireland’s increasing levels of reporting of rape and decreasing convictions. According to the RCNI, the four-year study - entitled ‘Rape and Justice in Ireland’ - looks at different key stages of our criminal justice system, and reveals insights that have not previously been documented in Ireland before.

Fiona Neary, RCNI Executive Director stated: “it is clear from the evidence in ‘Rape and Justice in Ireland’ that an inaccurate rape stereotype is pushing large numbers of cases out of the legal system. The most common rape is committed in a private place by an individual known to the victim and the time lapse in reporting is greater than one hour. However, this type of case is less likely to be prosecuted than the uncommon situation where the complainant is attacked by a stranger in a public place and she reports immediately.

“Victims, Gardaí, the DPP and, in turn, possibly juries, are measuring the credibility of a rape against a narrow stereotype. If the rape does not conform to the stereotype, as the majority of them do not, victims second guess that the Gardaí and people generally will not believe them and so decide not to report. The Gardaí ask a victim if they are really prepared to go through with the trauma of it all because the Gardaí second guess the decision of the DPP and the courts. Even the DPP will make an assessment about a jury’s responses. This research shows the DPP decisions to prosecute correspond closely to the narrow stereotype. This process of second guessing is having a devastating impact on our capacity to pursue justice in rape cases.”

Ireland’s binge drinking culture is visible through-out the research.

Fiona Neary went on to say: “our society has failed to tackle the binge-drinking culture. The justice system is failing to provide redress for victims who had been drinking. Not only are they more vulnerable to being targeted for sexual assault, they are less likely to be considered useful and reliable witnesses if they report to the Gardaí and their case is more likely to fall out of the system.

“Alcohol is not an excuse for rape. Neither can it be an excuse for recklessness as to consent. Rape is still rape when alcohol is a factor but this research finds that alcohol often means the rape does not count. This is unacceptable. The evidence shows that until such time as Ireland tackles its binge drinking culture, our legal system must develop greater expertise in investigating and prosecuting rape cases where alcohol is a factor.”

Key findings in this extensive research include:
• Unfounded Real Rape beliefs: Convictions are more likely when a rape fits a narrow stereotype of ‘real rape’.
• Actual Rape: Most people were raped by people they knew and many of the attacks occurred in the victims’ homes. Most involved offenders known to the victim, alcohol use and domestic situations. The much more common rape is less likely to be convicted, as it does not fit the inaccurate ‘real rape’ scenario.
• Rate of Prosecution: 70 in every 100 rape cases are dropped by the DPP, who only prosecutes one in every three cases.
• Reasons for non-prosecution: Whilst the main reason given by the DPP for non prosecution is “lack of evidence”, the report suggests that stranger/acquaintance, public/private issues may be more relevant. This means that inaccurate ‘rape myths’ are affecting our legal system.
• Complainant withdrawal: 40% of those who had made a report seriously considered withdrawing their complaint and the primary reason for this was poor reaction by the Gardai. Twenty one were encouraged to withdraw, almost half of these following negative comments from Gardai.
• Complainant withdrawal and Garda role: While many victims were happy with the initial Gardai response, the most common reason given by victims for considering withdrawal was poor treatment by Gardai.
• Victim Support: Victims who reported a rape usually did so following immediate support and advice to that effect.
• Alcohol Consumption: 76 per cent of suspects had consumed alcohol on the date of the offence. There is a very strong indication that alcohol consumption is implicated in rape.
• Bail: 76.6% of defendants were granted bail at some point during the criminal justice process, almost all by the District Court. The authors recommend that no one already convicted of rape should be granted bail on a fresh rape charge.
• Rules of Evidence: The authors recommend that a person accused of rape should be forbidden by statute to cross examine a complainant in person.
• Direction from the Judge: The authors recommend that judges should be obliged by statute to remind juries that a conclusion that the complainant acted foolishly does not of itself make her wholly or partially responsible for the rape.
• Victim impact statement: This research gives the lie to any fear that victim impact statements are abused by victims as a means of wreaking revenge upon the defendant. Defendants and sentencing are mentioned in less than a fifth of the victim impact statements studied.
• Sentence: The average length of a sentence for rape was 96 months. Out of 181 cases that went to court, 70 were convicted of rape and in total 101 (60%) were convicted of some offence.

The findings include 26 recommendations across reporting, investigation, prosecution and court proceedings. Available on the www.rcni.ie From Monday 7th in the executive summary.

This is the first time Ireland has had such a range, breath and depth of evidence on our criminal justice system and rape. This unprecedented research includes data from three significant points in our criminal justice system, including 100 victims of rape, almost 600 files from the Office of the DPP, 173 Criminal Court cases and transcripts from 35 contested rape trials. None of these stages has ever been examined to this extent before.
The research authors were: Conor Hanly, Dr. Deirdre Healy and Stacey Scriver.
Speeches will be available on www.rcni.ie on Monday 7th as they become available.
CONTACT: Catherine Heaney / Noomi Egan, DHR Communications @ 01-488 5808 / 087-2309835