Retired judge's comments on 'less violent' rape prompts complaints

The Dublin Rape Crisis Centre says there have been a number of calls to their helpline, following an interview with retired Judge Barry White.

Retired judge's comments on 'less violent' rape prompts complaints

The Dublin Rape Crisis Centre says there have been a number of calls to their helpline, following an interview with retired Judge Barry White.

In an interview on 'Today with Sean O'Rourke' on RTÉ Radio 1, in answer to a question on sentencing in cases of rape, Mr White said there can be some very violent ones and some less violent ones.

"You have to look to the particular circumstances of the act of rape," he said. "There can be some very violent ones, there can be less violent ones, so that's a factor that you have to take into account."

He also highlighted that the Supreme Court had said that "an immediate and substantial sentence" had to be imposed on rape cases, and noted that some can be as low as four years, while others had been as high as 14 years.

Mr White repeatedly stressed that the law requires judges to take into account the severity of the offence, the circumstances of the accused, and the impact the crime on the victim.

Callers to the helpline, however, were angry and upset at the retired Judge's comments.

Chief Executive of the Dublin Rape Crisis Centre, Ellen O'Malley Dunlop, insisted rape is an inherently violent act, and the former judge's distinction was upsetting.

"The victims and members of the public calling the helpline today were very upset that rape would be described as anything other than an inherently violent act," she said.

The Rape Crisis Centre had previously passed comment on one of Mr White's judgments, claiming judges needed "training" on the issue, to which he responded in this morning's interview that judges in the criminal court had "long experience" on the matter.

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