Minister outlines changes for rape trials; Counsellors and new rules mean courtroom no longer ‘cold places'

While gardaí will be trained to handle sexual assault cases sensitively, Mr Flanagan is opposed to allowing alleged victims have their own legal representation during trials.

He said: “I would like to see a level of advocacy in such court cases where they will look to counsellors who will be in a position to take them through the process, who will be in a position to advise them on possible legal technical traps that may be set for them which cause them upset.”

Tom O’Malley, a barrister and professor at NUI Galway, is chairing the review and will report in December.

There was a public outcry over how rape trials are conducted after the complainant in the ‘rugby rape trial’ in Belfast faced four separate legal teams.

The four defendants in the trial, including Ireland players Paddy Jackson and Stuart Olding, were all acquitted.

While the review is ongoing, Mr Flanagan said he wants special pre-trial agreements to give alleged victims support.

“It has been put to me that the courts are cold places for victims,” he said. “And complainants, for women in particular, I want to change that. Our courts need to serve our people and need to serve our women in these cases.”

In sexual assault cases, complainants are not entitled to representation, except in limited circumstances, while despite the fact the accused can have lawyers.

The victim is then called as a witness but the prosecution must not favour or ‘coach’ them. Often, alleged victims have no experience of a court system or of being cross-examined.

Pressed by the Irish Examiner about how the review would actually benefit victims, Mr Flanagan said: “We need to ensure proper and adequate training for gardaí. There is a greater level of sensitivity and assistance on the part of the garda, ultimately, who will be involved prosecuting a case.

“Pre-trial protocols, ensuring there is assistance and expertise available to complaints, prior to and during the course of the trial. Often, these complainants have never been in court before, they are unfamiliar with the adversarial nature of a court action. That can act as a deterrent. It can upset people.”

Assistance will include accessing a counsellor or advocate who will take victims through court procedures or accompany them to trials, said Mr Flanagan.

The system for trial advocates has still to be agreed with campaign groups, but gardaí will liaise with victims on the option.

While opposition parties and campaigners want victims to be allowed have their own lawyers cross-examine alleged offenders, this looks like an unfavourable option.

“That is a challenge and it is one that will be looked at,” said Mr Flanagan. “But I recognise that that would fundamentally change the balance of our criminal law.”

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