A bill intending to improve the protections afforded to victims of human trafficking and sexual offences has passed through the Oireachtas. The Criminal Law (Sexual Offences and Human Trafficking) Bill 2023 covers several different bases, to enhance protections, address issues of accountability and make it easier for victims to come forward about their suffering. The government’s strategy for improving a victim’s experience of the criminal justice system was a key instigator for this Bill, which follows the key recommendations arising from the O’Malley Review of Protections for Vulnerable Witnesses in the Investigation and Prosecution of Sexual Offences.
The Bill expands efforts to protect victims by ensuring their anonymity in all sexual offence trials, and providing the right to separate legal representation in circumstances where victims are undergoing questioning about their sexual history, including sexual assault allegations, which was previously not provided for. A protection was also introduced in the Bill for accused persons, upholding their anonymity before any convictions arise for sexual offences.
Additionally, the Bill introduces a requirement for taking an oath or an affidavit before giving character evidence for the accused at a sentencing hearing. This introduction was welcomed by Minister of State with responsibility for Law Reform and Youth Justice, James Browne TD, who said,
“The passage of this Bill ensures that those who provide character witnesses for perpetrators are held to a higher standard of legal accountability.”
Recommendations from the Defence Forces Independent Review Group were also taken on board in the Bill, which amends the Defence Act 1954. Originally, allegations of rape or sexual assault within the Defence Forces were processed by courts-martial. The Bill now requires such offences to be investigated by the Gardaí and pursued in the civilian courts.
For victims of human trafficking, the Bill gives statutory footing to Ireland’s National Referral Scheme, which should reduce barriers to victims coming forward about the abuse suffered by them, and help them to get advice, support and alternative housing. Child victims are also addressed in the Bill, which facilitates the ratification of the Second Optional Protocol to the UN Convention on the Rights of the Child (relating to the sale of children, child prostitution and sexual abuse material).
Commenting on the expansive areas addressed under the approved Bill, Minister for Justice Helen McEntee noted
“This Bill protects the privacy of victims in court, and strengthens measures that protect victims from re-traumatisation and re-victimisation as they engage with the justice system during the investigation and prosecution of sexual offences.”