RCNI urge anyone concerned about a neighbour to work with Gardaí

RCNI today, following the incident in Athlone of the abduction and suspected sexual assault of 2 children aged 6 and 9, urges anyone, should they have any concerns about the behaviour or activity of someone living in their neighbourhood, to work with the Gardaí.

Fiona Neary, RCNI director said, ‘child abduction is traumatic both for the victims and their community.  Research and national data tells us that acquaintances, friends and neighbours are the most commonly named perpetrators by child survivors, both boys and girls, attending RCCs in 2012 (noted in 39% of incidents). Strangers accounted for only 7% of all reported incidents.

‘The majority of incidents involving female children only, under the age of 13, coming to the attention of RCCs in 2012, were perpetrated by parents, immediate family members or extended family members. However, the likelihood of incidents being perpetrated by acquaintances, strangers and other non-family members increases with age especially for girls.

‘All communities can act to protect children. RCNI urge anyone who has concerns about the behaviour of someone living in their area to talk to the Gardaí in confidence to alert them and pass on any information that may prove useful.’

 

This ‘Arthur’s Day’ Rape Crisis Network Ireland call on the government to take action to prevent rape by implementing the recommendations of the National Substance Misuse Strategy report

Rape Crisis Network Ireland (RCNI), has today called for the government to stand up to vested interests in the alcohol industry and  prevent rape crimes by implementing the recommendations on combating alcohol harm in our society.

Since 2009 Ireland has had clear evidence of the levels of alcohol involvement in sexual violence, with over 76 per cent of all rape defendants stating that they had been drinking at the time of the rape, in the seminal Rape & Justice in Ireland report.

Fiona Neary, RCNI Executive Director said: “the evidence on alcohol and sexual violence is overwhelming. Preventing further rape , and tackling low levels of reporting and prosecution, means this government  must tackle toxic alcohol consumption. Yet to date not one recommendation of the National Substance Misuse Strategy has been implemented by this government. This Government is failing victims of rape and is failing to prevent rape crimes.

“RCNI repeat our call for minimum pricing to be brought in and continue to support the full implementation of the new National Substance Misuse Strategy which has a range of recommendations designed to reduce the harm to Irish society of alcohol consumption”.

For more information on Alcohol and Sexual Violence visit the RCNI blog for detailed fact sheets and briefing documents at www.rcni.ie/media or for help and support for survivors of sexual violence visit www.rapecrisishelp.ie

RCNI ask for a response as delay is signaled in the extension of the DPP’s Reasons Project to rape victims

Rape Crisis Network Ireland call on the Minister for Justice and Equality, Alan Shatter, to reassure rape victims and respond to statements in the Office of the DPP Annual Report 2012, which signals a very lengthy delay to  any expansion of the giving reasons for non-prosecution project, including to victims of rape.

Executive Director Fiona Neary said ‘We know that treating victims with dignity and respect at every stage of the legal system encourages others to come forward, when they see that the trauma and devastation of rape crimes is recognized by the state – even when it cannot deliver a prosecution. We know that giving victims’ information assists in their recovery. Treating victims with dignity throughout is a critical component of a legal system, which recognizes that terrible crimes have been committed, and a person violated, when sometimes these crimes cannot be prosecuted. It enables victims to move on with their lives, knowing that they stood up to their attacker and did everything they could to prevent further rape crimes.

‘Rape victims have told us how they feel when they are not given information by the legal system: “I feel my case isn’t important to them. I was forgotten about” (Rape and Justice Ireland, 2009).

‘RCNI call on the Government to reassure victims of sexual violence crimes and demonstrate commitment to them by committing to resourcing the OPPD to provide reasons to victims of sexual crimes. RCNI ask “what are the priorities of this country if is not committing resources to those who have been violated?”

‘Under the EU Directive on the Support of Crime Victims, the State will be obliged to give reasons to victims of sexual crime for not bringing a prosecution in their case. The Government should take steps now therefore to ensure that the DPP is given the resources to put in place an efficient, compassionate and fair system to provide reasons to victims for her decisions.’

Rape Crisis Network Ireland today released new data on Under 18’s and pregnancy following rape

Rape Crisis Network Ireland (RCNI) has today released data on Under 18’s and pregnancy following rape, compiled using information collected by 15 Rape Crisis Centres on the RCNI database in 2011.

Executive Director Fiona Neary stated: ‘Examination of our national data shows that in 2011 40 females who attended a rape crisis centre reported that they were subjected to rape solely in their childhood and became pregnant as a result of the rape’.

Of the 40 females who attended:

  • Nineteen survivors of rape while under age 18 went on to give birth and parent their children
  • Nine survivors of rape while under age 18 had their pregnancy terminated
  • Seven survivors of rape while under age 18 miscarried or had stillbirths
  • Five survivors of rape while under age 18 who became pregnant had their child placed for adoption or fostering.
  • Data recorded on all women and girls attending rape crisis centres in 2011 shows that of the 2,036 female survivors of sexual violence who attended a Rape Crisis Centre (RCC):
  • 90 girls and women became pregnant as a result of rape
  • 17 survivors, pregnant as a result of rape, terminated the pregnancy.
  • Two survivors became pregnant more than once as a result of rape and had different outcomes in each pregnancy.

Fiona Neary, RCNI Executive Director said, ‘in the abortion debate there has been some talk about the case of women who have been raped and are pregnant as a result. It is important this discussion is informed by the best available facts and a compassionate understanding of the realities facing these girls and women in Ireland. Ninety girls and women, who were pregnant after rape, were supported in Rape Crisis Centres (RCC) across Ireland in 2011. 40 of these reported that they were under the age of 18 at the time of the rape and pregnancy. These numbers represent one part of the picture as not all rape survivors seek or can access RCC support.

In 2011 105 children attended 15 RCCs throughout Ireland.

Notes:

  • RCNI is the national representative body for the Rape Crisis Sector in Ireland
  • All statistics are from the RCNI Database©
  • Note that these figures relate to 2011 clients, including those reporting historic abuse, therefore we cannot assume these pregnancies happened in 2011 itself. It is in fact more likely that the rapes occurred sometime prior to 2011.
  • Additional figures of the 90 girls and women who were pregnant after rape in 2011, 60 survivors went to term, of whom 12 had their child adopted or fostered. A further 11 miscarried or had stillbirths.

RCNI call for all party support to protect child victims of sexual violence from unnecessary and potentially devastating harm in our courts

RCNI call for all party support to protect child victims of sexual violence from unnecessary and potentially devastating harm in our courts.

As a long time advocate of victims’ rights, RCNI calls on Minister for Justice and Equality, Alan Shatter, TD, to include the proposed amendment to the Courts Bill proposed by Senator Van Turnhout, before the Seanad today (Weds 26th June 2013) which will give our judges urgently needed powers to regulate the disclosure of counselling notes relating to child victims.

Fiona Neary RCNI Director said, ‘The Van Turnhout amendment is both essential and urgent in the interest of justice and the protection of the child witness in a criminal case of child sexual violence.

‘Devastating and unacceptable choices are being forced on parents of children in cases of sexual violence by an accidental gap in our law which exposes vulnerable children to potential trauma in our court rooms.

‘Parents are currently faced with the frightening possibility that to seek justice and the protection of other children requires making their child’s intimate counselling notes available for the court case, perhaps to devastating effect in undermining their child. This decision to expose the child is currently without any formal control or oversight by a judge. This is entirely unacceptable. It must be the case that only a judge makes this decision. It is unnecessary to put children and their parents through this further trauma.

‘Minister Alan Shatter now has an opportunity, through the amendment to the Courts Bill, proposed in the Seanad today (Weds 26th 2013) by Senator Jillian Van Turnhout, to fix this distressing and unjust situation for the children who have experienced sexual violence and their families.’

Caroline Counihan, RCNI Legal Director said, ‘It is the RCNI contention that the decision on the admissibility of the child’s counselling notes in a particular case should only be made by a judge to a set of standards defined by law. This amendment means that a judge may decide the counselling notes are of no probative value, that other evidence could prove a contested fact, that the public interest in disclosure does not outweigh the potential harm to the complainant and therefore they are not to be given to the accused and/or the defence legal team. This amendment is to ensure that the counselling notes of child sexual victims who give evidence as children would only become part of the trial if the judge makes a decision on their admissibility. It is our strong belief that justice should do all that it can to protect the child victim from unnecessary potential harm in the pursuit of justice.

‘The existing gap in our law can result in grave injustice and additional trauma to survivors. This amendment will close this gap in our legislation as far as child victims of sexual crime are concerned. This legislative change will help ensure that there is public confidence that the State will do its utmost to vindicate victims of crimes of sexual violence.

‘RCNI have been working with survivors, services, Government agencies and legislators, including Senator Van Turnhout, on this question for an extended period of time. RCNI have also been looking at legislative provisions from other jurisdictions, such as New South Wales, as possible models which could be adapted to suit our criminal justice system. We have been pooling our experience and the experiences of clients and the parents of child clients across the country over a number of years. We very much welcome this timely amendment as a first and urgent step in addressing this gap in our law.’

Fiona Neary concluded, ‘We commend Senator Jillian Van Turnhout for proposing this clause in the latest Courts Bill and call on all Deputies and all Parties of the Oireachtas to commit to ensuring its swift passage to enactment. Further, RCNI calls on Minister Shatter to introduce new legislation to ensure that our judges have the power to regulate disclosure of all victims’ intimate personal records, as a matter of urgency.’

Group Letter: Protecting Child Abuse Victims in Justice System

A chara,

We, the undersigned, call on Minister for Justice and Equality Alan Shatter, TD and all Oireachtas members to support amending the Courts Bill 2013 to regulate the admission of the counselling notes of the child witness in a sexual violence criminal case.

A current gap in our law means that parents of child abuse victims currently face the devastating and frightening possibility that to seek justice and the protection of other children requires making their child’s intimate counselling notes available for the court case, perhaps to devastating effect in undermining their child. This process of exposing the child is currently without any formal control or oversight by a judge. This is deeply distressing and unacceptable.

The amendment proposed by Senator Jillian Van Turnhout in the Seanad on Wednesday the 26th June is both essential and urgent in the interest of justice and the protection of the child witness in a criminal case of child sexual violence. It puts a decision about the admissibility of counselling notes in the hands of the judge and sets a standard for the circumstances for when it is proper to disclose them to the accused and/or the defence legal team. Further legislation will be necessary to protect the adult victim of sexual violence in the same manner by making the admission of their counselling notes something that is regulated by a judge under legislation.

Sincerely

Fiona Neary, Rape Crisis Network Ireland

Mary Flaherty, Children at Risk Ireland

Kevin Booth, St Louise’s Unit, Our Lady’s Children’s Hospital, Crumlin

Adele Moorhouse, St Clare’s Unit, Children’s University Hospital, Temple St

Ashley Balbirnie, Irish Society for the Prevention of Cruelty to Children

Maria Corbett, Children’s Rights Alliance

Catherine Joyce, Barnardos Ireland

Mark Kelly, Irish Council for Civil Liberties

Colm O’Gorman, Amnesty International Ireland

Paul Gilligan, Children’s Rights Advocate, Clinical Psychologist

Patrick Burke, Youth Work Ireland

RCNI Launch Governance Resource Pack for Rape Crisis Centre Board Members

Rape Crisis Network Ireland (RCNI) are delighted to announce that Ms Norah Gibbons, Chair Designate of the Child & Family Agency, today in Galway launched, The Rape Crisis Centre Governance Resource Pack, a new training resource which has been rolled out for Rape Crisis Centre (RCC) Board Members nationwide.

Speaking at the launch, Ms Gibbons said, ‘this guide to governance informs and assists board members to be clear about their roles and responsibilities and to be effective leaders. It is a vital tool for existing board members and no doubt will  be a key component of  the introductory pack for new board members in the future. Vigilance with regard to all aspects of governance is essential for all organisations and I applaud the RCNI for making this readable guide available.’

RCNI spokesperson said; ‘RCCs exist to create a better world. We operate to effect the prevention of sexual violence and to meet the needs of survivors in difficult and demanding conditions. Clear and accountable governance has always been vital to the successes and sustainability of the rape crisis sector.’

‘A strategic aim of RCNI as the representative body of Irish RCCs is to support member RCCs to adopt and maintain best practice, including in governance, to help keep pace with change and to be effective leaders,’ she added.

The resource outlines Board Member  roles, duties and responsibilities and the relationship between Board Members, Management, Staff and Volunteers. It also provides an introduction to the history of the rape crisis movement and its development, as well as the considerable range of services provided by an RCNI member RCC.

Consistency of sentencing in sexual violence cases urgently needed

The RCNI today calls for sentencing guidelines to be developed as a matter of urgency – and support the Law Reform Commission’s call for same in their report released today entitled, ‘Report on Mandatory Sentencing’.

On behalf of victims of rape nationwide, we call on Minister Shatter to support the Irish judiciary in their need for sufficient support and data on sentencing and call for the full and adequate resourcing of the work of the Irish Sentencing Information System, and the research on sentencing being undertaken by Mr Justice Peter Charleton.

RCNI Director, Fiona Neary said ‘each survivor’s experience of the justice system, including sentencing, is unique. For a victim whose case has gone to court and secured a conviction, sentencing is hopefully the final step in the justice process. It is helpful to every survivor to have reliable information on what to expect. Any lack of clarity and information on sentencing is unhelpful. Victims can see the sentences which cause controversy in the media – however these may not be typical of sentencing in rape cases – public responses to these exceptions can put victims off reporting because they do not have the full information. Guidelines on sentencing would also help victims of rape in deciding to report and knowing what to expect.

‘Rape Crisis Centres support survivors through this lengthy and demanding justice process. With the support the Commission for the Support of Victims of Crime RCNI provides nationwide training to Rape Crisis Centre support workers and volunteers in providing advocacy and support through the legal process.’

 

Notes:

RCNI is the national representative body for the Rape Crisis sector in Ireland.
The Law Reform Commission today launch the Report on Mandatory Sentences, one of its main recommendations is that, ‘the Commission supports previous recommendations (including in the 2011 Report of the Thornton Hall Review Group) that a Judicial Council should be able to develop and publish suitable guidance or guidelines on sentencing.’

 

RCNI Seeks Reassurance from Garda Commissioner Regarding DPP Letter Forgery

RCNI were shocked today to hear about the case of a Garda who is being prosecuted for allegedly forging a letter from the Director of Public Prosecutions informing a survivor of sexual violence that their case had been dropped, when in fact it had not.

Fiona Neary, RCNI Director said, ‘this allegation, if proved, represents a betrayal of trust of survivors and indeed of An Garda Siochana. Sexual violence crimes are difficult to investigate and to prosecute, and the commitment and perseverance of An Garda Siochana are vital to secure justice  for survivors of sexual violence.

‘RCNI asks the Garda Commissioner to reassure survivors  that this incident is very far from typical and that this allegation, if proved, in no way reflects general Garda attitudes to investigating sexual violence crimes. Survivors must be able to trust that all criminal justice professionals take these crimes seriously and act in the interests of justice. The high standards set out in the Garda Siochana Policy on the investigation of crimes of sexual violence must be seen by survivors to be put into practice by An Garda Siochana at every level, and in this regard, RCNI acknowledges some very positive effects for survivors of the implementation by An Garda Siochana of that Policy.

‘The RCNI, its Rape Crisis Centres and An Garda Siochana, nationally and locally have worked hard building good and appropriate relationships in the interests of the effective investigation of sexual crimes and to vindicate survivors’ rights and dignity. It is in everyone’s interest that no questions remain over the commitment of all to the common goal of securing justice.’

RCNI calls for thorough review of all Domhnall Ó Lubhlaí  investigation processes

RCNI calls on the Garda Commissioner to ensure a thorough review of all investigation processes relating to Domhnall Ó Lubhlaí 

Rape Crisis Network Ireland (RCNI) has called on the Garda Commissioner to conduct a thorough review of investigations into allegations of sexual violence committed by Irish College founder Domhnall Ó Lubhlaí, which may date as far back as 1955.

RCNI Executive Director Fiona Neary said; “Mr Ó Lubhlaí has allegations against him that date from 1955 up to the present day. It appears that at least two opportunities in 1991 and 1998 were presented to the Gardaí to investigate allegations against this very influential and powerful figure. We ask the Garda Commissioner to ensure a full review to ascertain if the Gardaí utilised the opportunity of the investigation in 1991 to examine whether abuse had taken place, as was practiced elsewhere in such incidents eg in the investigation and conviction of Fr Eugene Greene. Questions also surround the loss of vital evidence from this 1991 case which then impacted on an investigation in 1998, when five men came forward and reported sexual violence by Ó Lubhlaí”.

‘It is vital that all allegations of sexual abuse are investigated fully by authorities in order to ensure the best response to survivors and to prevent future acts of sexual violence being committed by perpetrators’.

‘We commend the victims who came forward in 1998 and more recently. Support is available from Rape Crisis Centres across Ireland for survivors or their loved ones or communities who may be struggling with the impact of this case’.

To find your local Rape Crisis Centre see www.rcni.ie