8th Amendment of the Constitution

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Rape Crisis Network Ireland (RCNI), responding to the government’s announcement of a referendum to be held on the 8th Amendment of the Constitution, call on the public debate to be respectful and informed by the best available facts and compassionate understanding when discussing the realities facing girls and women in Ireland pregnant following rape.

Rape survivors have always featured disproportionately in the public debates on abortion access in Ireland but we have limited facts about the approximately 5% of all female rape victims who become pregnant.

For some years RCNI have released data on the pregnancy outcomes for rape survivors attending rape crisis centres. It is critical to always note that these facts do not tell us about the options, intentions, choices and the feelings of rape survivors.

We know survivors’ experiences are highly diverse. Each survivor faces a unique set of circumstances that they are best placed to make decisions about. In rape crisis we seek to support and empower each survivor as the experts in their own lives and process of recovery. We cannot and do not direct, force or judge.

We urge anyone interested in representing survivors’ interests in this debate to read the RCNI submission to the Citizen’s Assembly before making any assumptions https://www.rcni.ie/wp-content/uploads/RCNI-Citizens-Assembly-submission-FINAL.pdf .

Given the sensitivity and the potential pain this topic causes it is critical that survivors of rape are respectfully and factually represented, without judgement, and in their diversity.

RCNI call for Victim’s Ombudsman

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As the Criminal Justice (Victims of Crime) Bill is debated in the Seanad (Weds 27th) RCNI call on the government to put in place a Victims’ Ombudsman to ensure the rights of victims in this Bill and the EU Directive on Victims of Crime are fully vindicated within our justice system.

Clíona Saidléar, RCNI Executive Director said, ‘This Bill and the EU Directive set out measures to ensure that the victim is supported appropriately throughout the justice process. As we know currently only a minority of victims are making the decision to report and stay with the justice process. One of the reasons is a fear of the system, what it will ask of survivors and how re-traumatising the process might be. Without survivors reporting there can be no adequate justice response.’

Caroline Counihan, RCNI Legal Director said, ‘Because we believe that supporting survivors is fundamental to delivering justice we are calling for a dedicated structure, a Victims’ Ombudsman Office, whose sole remit is reception and investigation of transgressions of this Act. Its procedures should be simple, free, easy to use and swift. The measures in this important Bill will alleviate much of the trauma of a trial, an Ombudsman will ensure survivors’ rights under the law are fully vindicated.

‘RCNI would also very much welcome a justice culture where the norm is that victims’ direct evidence is pre-recorded and used in court cases in all but the most exceptional circumstances as determined by a judge. It is important to understand that the recording of evidence does not interfere with a defendant’s right to a fair trial but rather lifts part of the stress of testifying from victims.’

 

Notes: RCNI is a member of the Victims’ Rights Alliance, which also recommends the establishment of such an Ombudsman structure.

Data protection: The State cannot be allowed to exempt itself from GDPR fines

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Rape Crisis Network Ireland (RCNI) today (14th June 2017) welcome the statement at the Oireachtas Committee on Justice and Equality by Data Protection Commissioner Helen Dixon, that a proposal to exempt Public bodies from fines under the EU General Data Protection Regulation (GDPR) is of concern.

Clíona Saidléar, RCNI Executive Director said, ‘RCNI agree with the Commissioner that we should expect the highest standard of data protection from public bodies. RCNI would add that the capacity of civil society and the charity sector to hold the State to those highest standards of data protection, particularly in relation to the very significant amount of sensitive personal data we control, needs to be ensured by government.

‘For many charities providing services the principal risk to our beneficiaries is from the very State that has not secured our capacity to guard against the State itself. That that State now suggests it exempt itself from fines under GDPR should be cause for grave concern and cannot be allowed to stand.

‘To hold public bodies accountable, civil society must be empowered through capacity, resources and mechanisms that give us and our Data Protection Officers the independence to act robustly as data controllers as appropriate.

‘The Committee discussed the increased demands on the Data Protection Commissioner’s Office and the Courts in investigating and vindicating the rights of individuals and the need for resources for same. It is critical we bear in mind that the charity sector is also a key actor in protecting people’s data. We must reflect on how the charity sector will meet its obligations and how that will be structured into the government’s allocation of budgets and supporting the necessary structures.

‘Currently no independent funding stream exists from government for charities, particularly those funded by the State to provide services, to draw upon to fulfil their obligations as outlined in the regulation.’

 

RCNI launch 2015 Rape Crisis Statistics Report

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Rape Crisis Centres trusted contact point for sexual violence survivors

-Rape Crisis Network Ireland launches annual report for 2015-

  • 13,208 Helpline contacts in 2015: 76 per cent were voice calls, ranging from 1 minute to 1.5 hours.
  • 67 per cent of survivors were subjected to other forms of violence (physical, emotional, psychological).
  • One in ten were subjected to sexual violence in both childhood and adulthood.

The Rape Crisis Network Ireland (RCNI) has today (19.12.16) launched its Rape Crisis Statistics and Annual Report 2015.  With over 13,000 calls to 11 Rape Crisis Centres last year, the report shows the importance of the centres as essential safe places for disclosure and support for survivors of sexual violence. The report indicates that of those using Rape Crisis Centres, 65 per cent of survivors had not previously reported to any formal authority. As such, RCNI data collection is one of the only places where these survivors’ experiences are documented and their voices can be heard.

Speaking at today’s annual report launch, Executive Director of RCNI, Clíona Saidléar, said: “Rape Crisis Network Ireland’s data fills a gap in the gathering of accurate and reliable information from survivors of sexual violence who have not reported to any formal authority. This database provides the most comprehensive and detailed information on sexual violence in the Irish context and is a vital resource to all those working towards ending sexual violence against women, men and children.

“Today we are also launching survivor feedback data on An Garda Síochana for the second year running. Following on from the groundbreaking RCNI report ‘Rape & Justice in Ireland’, with approval from the Garda Commissioner and the Garda Research Unit, we now collect and collate data on victim’s experiences of reporting to the Gardaí.

“On all three indicators: sensitivity; contact levels; and information, more survivors were satisfied with their experience with the Gardaí than in 2014. The report shows that 69 per cent of survivors who filed a complaint with the Gardaí felt that they were treated in a sensitive manner, that their complaint was taken seriously and the Gardaí were attentive, sympathetic and supportive. This is a six point increase from the previous year.

“We commend the Gardaí’s continued prioritisation and efforts to change culture and practice through specialist roles, and infrastructure, with the establishment of new Regional Protective Services Units, which will deal with a range of sensitive crimes such as sexual violence and domestic violence crimes. Leadership within the gardaí continues to be critical to ensure the improvements we would all like to see. As far as levels of contact are concerned, the improvement in satisfaction might be an indicator of the positive effect of the Garda Victim Services Offices, though as far as we know, they were not all yet operational by the end of 2015. Having this feedback also means that some requirements to collect data, under the EU Victim’s Directive and the national strategy on domestic, sexual and gender based violence, are being fulfilled.

“RCNI has received no funding from the Child and Family Agency Tusla for two years. Last year, a cumulative 70 per cent cut to our funding took effect and our core funding from Tusla was completely withdrawn. Because of this, we were unable to continue to provide the support we used to to the sector in relation to policy and guidance. We have worked hard to prioritse and support key policy areas but there is a gap opening up which needs to be urgently addressed. RCNI made the decision to continue operating our globally innovative and best practice data collection system without the support of Tusla, as there is no other mechanism possible to give voice to these survivors who are otherwise silenced.

“This report pulls together information gathered using RCNI’s unique, best in class Data, Knowledge and Information System to collect high quality and reliable data. The evidence gathered from 11 Rape Crisis Centres around Ireland in 2015 has policy implications for the whole of Government in terms of delivering the best response to victims and survivors of sexual violence.”

Key findings from the RCNI Rape Crisis Statistics and Annual Report 2015

  • 13,208 Helpline contacts: 76 per cent were voice calls, ranging from 1 minute to up to 1.5 hours.
  • 15,192 appointments in Rape Crisis Centres for counselling and support (1,384 people).
  • 180 people were accompanied by Rape Crisis Centres to a range of services including Sexual Assault Treatment Units, Gardaí and other medical facilities: total of 756 hours’ accompaniment.
  • 31 per cent of all calls were for information from public and professionals seeking expert advice.
  • The majority of survivors were female (88 per cent) and aged between 20 and 49 (83 per cent).
  • The vast majority of perpetrators of sexual violence were male (96 per cent), and known to the victims (85 per cent). Almost half of perpetrators were aged between 20 and 39, with 15 per cent of child sexual violence perpetrators under 18.
  • 67 per cent of survivors were subjected to other forms of violence (physical, emotional, psychological) in addition to sexual violence.
  • 24 per cent of survivors who became pregnant following rape accessed abortion.
  • 19 per cent of adults and only 1 per cent of child survivors experienced stranger rape.
  • 17 per cent experienced multiple incidents of sexual violence.
  • One in ten were subjected to sexual violence in both their childhood and adulthood.

The RCNI’s annual report is available to download from https://www.rcni.ie/wp-content/uploads/RCNI-RCC-StatsAR-2015.pdf

 

Inaugural seminar of RESPECT Network, an all-Ireland initiative Promoting Safe Relationships in Higher Education towards addressing sexual violence

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Today (25th Nov. 2016) RCNI are delighted to participate alongside our partners, in publicly launching the RESPECT Network at our first public conference in Newry’s, Canal Court Hotel. The RESPECT Network is an ongoing and growing collaboration between academics, students and relevant agencies in a concerted initiative to respond to and address sexual violence in the higher education experience across the island of Ireland.

 

Clíona Saidléar, RCNI Executive Director said, ‘we want all people in 3rd level education and particularly young people to experience an empowering and safe learning environment. That environment should be free from the threat or risk of sexual harassment and violence.

 

‘The public launch of the RESPECT network is an exciting next step in the work to prevent sexual violence, to build a resilient and safe learning environment and culture and to ensure responsive authorities supporting those communities.

 

‘Working together with the Universities across Ireland, academics and staff, the student bodies and NGOs we believe we can support that environment where healthy relationships flourish. Where there is victimisation it is vital that the community and all authorities respond appropriately in ways that empower and respect survivors.’

 

Notes:

RESPECT is a collaborative research network of academics, students and third sector organisations from the North and South of Ireland. Our aim is to promote safer relationships for ALL by creating a starting point for future collaborations and research.

RESPECT is interested in three streams:

  1. Prevalence: Identification and extent of risk behaviours within relationships and associated outcomes.
  2. Prevention: The promotion of positive relationships. Including topics such as consent and the development of appropriate skills.
  3. Policy: Developing and evaluating policies for higher education and other organisations.

 

Visit our Facebook page on RESPECT Network and twitter @RESPECT_Net website will be going live today where you can find the list of collaborators and outline of full aims and objectives of the three streams (http://www.respectnet.org/)

The conference is entitled Promoting Safe Relationships in Higher Education and is being held in the Canal Court Hotel. Speakers include Prof. Janet Beer, Vice Chancellor of University of Liverpool, Prof. Bill Flack of Bucknell University USA, Dr Pádraig Mac Neela, NUIG, Dr Louise Crowley UCC, Dr Cherie Armour, Ulster University, Philip McCormack Cosc, Dr Clíona Saidléar RCNI, Helen Bracken, Nexus NI and many others.

Rape Crisis Network Ireland welcomes the clarification from the Supreme Court regarding the definition of consent in sexual violence law

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Rape Crisis Network Ireland (RCNI) today welcomed the clarification from the Supreme Court regarding the definition of consent in sexual violence law (Director of Public Prosecutions -v- O’R) and reiterate our call for a positive definition of consent to be included in our law. RCNI argue again that a defence of a belief in sexual consent should be based on the objective reasonableness of the belief rather than an honestly held belief alone.
The Supreme Court’s clarification that the standard expected for an acceptable defence of belief in consent does not have room for uncertainty is also very welcome. Thus any uncertainty on the part of the defendant as to their having consent at the time means that that this defence is not available to them. The existing law on recklessness set this standard and we welcome the clarification.
We would say to the Tánaiste Fitzgerald in light of this ruling and as the Criminal Law (Sexual Offences) Bill goes to Committee stage in the Oireachtas that there now does not appear to be any impediment to including a positive definition of consent. Indeed we would contend this clarification of the law as it currently stands would offer reason to introduce a positive definition of consent.

RCNI strongly welcomes the return to the Dáil of the Criminal Law (Sexual Offences) Bill and is hopeful that it will include a definition of consent

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RCNI strongly welcomes the return to the Dáil of the Criminal Law (Sexual Offences) Bill this week by An Tánaiste and Minister for Justice and Equality Frances Fitzgerald TD, and is hopeful that it will now be possible to amend this Bill to include a positive definition of consent to sexual activity.

If it is not, RCNI urges the introduction of such a definition with the minimum delay. Defining consent in our criminal law will help set a clear standard of behaviour that distinguishes sexual violence from legitimate sexual activity, for prosecutors, juries, victims and other witnesses in court, and also for the whole community outside court.

Caroline Counihan, RCNI Legal Policy Director said, “Our rape crisis centres are well aware of the damage caused by sexual violence to children. There is much here to commend.

RCNI also welcomes the inclusion in this Bill of much-needed new offences, and amendments to existing offences, to combat the scourge of child pornography. Caroline Counihan added that “a large part of this violence against children begins with “grooming” behaviours which do not always fit in to the existing categories of offences. The laws must fit the realities of today’s childhood. The introduction of a new offence of grooming of children including grooming via social media and otherwise through the use of information technology is very welcome.

Furthermore, RCNI is very much in favour of the introduction of a statutory regime, through which our judges will be able to regulate the disclosure of victims’ personal counselling records in criminal trials. For the first time, there will be a right to object to such disclosure and it is important that the relevant procedures work properly for victims. The survivor- therapist relationship is one which supports healing and recovery. It is a relationship of trust where survivors can find a uniquely safe space to talk about intimate, personal and perhaps frightening matters.

With regard to the special measures in the Bill to support child victims of sexual violence in Court, RCNI urges our legislators to extend these supports to all victims of sexual violence. This group of especially vulnerable victims deserves both to be protected from further trauma and to be enabled to give their best evidence, as far as possible.

 

Notes:

  • RCNI, founded by Rape Crisis Centres in 1985, is a specialist information and resource centre on rape and all forms of sexual violence. Rape Crisis Centres provide free advice, counselling and support for all survivors of sexual violence.