New law would require character references for sex offenders to be made under oath

ireland
New Law Would Require Character References For Sex Offenders To Be Made Under Oath
People who provide character references for convicted sex offenders will have to do so under oath and will face cross-examination, under proposed legislation. Photo: Collins
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James Cox

People who provide character references for convicted sex offenders will have to do so under oath and will face cross-examination, under proposed legislation.

Leader of the Seanad Regina Doherty has published a Bill that would alter the current law which allows people to give character statements in the mitigation of a sexual crime.

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Ms Doherty said the current laws are leading to victims being retraumatised.

“We currently have a criminal justice system that is a cold place for women when it comes to sexual and violent crimes.

"Character references are brought in mitigation of the crime before sentencing in an attempt to reduce the sentence.

"I am told by members of the legal profession that judges tend not to give much weight to courtroom character references, but under our current system such references, unchallenged, re-traumatise victims of violent sexual crimes.

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“With this legislation, I am hoping to ensure that if you want to bring your character reference, whether from the local politician, bishop, or GAA chairman, to court, first of all, it will have to be made under oath, and secondly, the prosecution will be able to cross-examine to ensure the veracity of that character reference."

She added: "What I hope it genuinely does is make those people who have given references in the past to maybe think a little bit longer about the references they're giving."

If you have been affected by any of the issues raised in this article, you can call the national 24-hour Rape Crisis Helpline at 1800 77 8888, access text service and webchat options at drcc.ie/services/helpline/, or visit Rape Crisis Help.

In the case of an emergency, always dial 999/112.

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