Sex abuse victim told not to cry in court
A judge reportedly told a victim of child sexual abuse not to cry in court in case she influenced the jury, writes .
Under what was described as a “brutal” cross-examination, the victim was instructed not to get upset as she gave evidence of abuse that occurred 20 years ago.
Yesterday, barrister Maria McDonald told the Irish Observatory on Violence against Women about the case, which resulted in a successful conviction.
She had been supporting the victim in a personal capacity during the trial.
“I sat in court over the course of the two weeks and I saw an individual, who is incredibly strong, incredibly successful, revert to being an eight-year-old girl again,” said Ms McDonald. “And I never understood that process. I have been to these events and I have heard people speak about trauma and you’re like: ‘Oh yes, of course, of course, of course.’
“But I didn’t realise it until I saw it happen to somebody I knew and the cross-examination was brutal.”
Ms McDonald, a co-founder of the Victims’ Rights Alliance, was explaining how the case allowed her to experience the criminal justice system, not from a defence or prosecution perspective, but from the victim’s for the first time.
“I’ve been involved in cross-examinations and I’ve never seen it in that context,” she said. “The judge turns around and says: ‘Don’t cry. Don’t show any emotion, the jury are going to be affected by it’.
“Can you imagine going through your whole life, having to make statements, and then being told you’re not allowed cry in court, not allowed to get upset, because you’re influencing the jury?”
Ms McDonald was one of several speakers at the observatory yesterday which was hosted by the National Women’s Council of Ireland, and at which the director of Women’s Aid Margaret Martin also spoke, along with members of An Garda Síochána.
Barrister Rebecca Coen from the Director of the Public Prosecutions also addressed the observatory.
Ms Coen recommended far speedier trials, as are common in Scotland, when it comes to domestic abuse cases.
“If we were to transplant a measure from our neighbouring jurisdictions I would look to Scotland where the speed of disposal is a hallmark and the specialist domestic abuse courts operate with the aim that there will be an eight to 10-week period from alleged offence to hearing,” said Ms Coen.
“Reducing court waiting times would deliver a substantial improvement in the victims’ experience of the criminal process and would, in my view, truly make a difference.”
Women’s Aid director Margaret Martin, who deals with victims of domestic abuse on a daily basis, said that if progress is to be made in reducing crimes of this nature, we must first recognise who the perpetrator is.
“A lot of men who are abusive are also going out and leading very successful, professional lives with well-respected careers, seen as pillars of the community,” said Ms Martin.
“So in a sense, they are almost like Mr Invisible. A lot of them are extremely charming and are really good at grooming all of the different agencies that they become involved with — be that the courts or the gardaí.
