Opinion

Allison Morris: Time to do something about sexual violence and the justice system

<span style="color: rgb(51, 51, 51); font-family: sans-serif, Arial, Verdana, &quot;Trebuchet MS&quot;; ">There is now an average of nine reports of sexual offences per day but conviction rates remain low</span>
There is now an average of nine reports of sexual offences per day but conviction rates remain low There is now an average of nine reports of sexual offences per day but conviction rates remain low

IF you or someone you care about was sexually assaulted in Northern Ireland, there is only 1.8 per cent chance of the perpetrator being convicted.

That's less than one case in every 50 - shocking by any standards.

A Criminal Justice Inspection report released this week said the current system "frequently does not provide a satisfactory outcome for victims on any level".

In the past the low conviction rates for violence and sex offences against women and children could, in part, be explained by the reluctance to report in parts of Northern Ireland, where confidence and trust in the police was low.

That is no longer a valid excuse for the continued failings of the criminal justice system, the peace process and policing reform means the number of sexual offences reported to police have almost tripled over the past 18 years.

There is now an average of nine reports of sexual offences per day.

Despite this, despite better forensic techniques and training for obtaining best evidence, conviction rates in rape cases in Northern Ireland remains pitifully low.

More than 3,150 sexual violence and abuse offences such as rape, sexual assault and child abuse were recorded by police during the year 2016-17, 823 were offences of rape, just 15 defendants convicted of rape when the case went to court.

The slow pace of justice in Northern Ireland means that many complainants drop out of the process before it comes to court.

Asking any victim of rape to wait up to three years, with the constant fear and anxiety of having to face their attacker looming, is unnecessarily cruel.

Geraldine Hanna, from Victim Support NI, said this week that the particular nature of sexual violence cases means "there is often limited, if any, corroborating evidence".

"Memory therefore is vital. Delay impacts on the victim's ability to recall and therefore can make it more difficult to recount the truth."

What Ms Hanna was also highlighting was that the nature of sexual offences reporting is in many cases down to the issue of consent.

I maintain, having sat through numerous rape trials over my career, that to prove consent beyond reasonable doubt is almost impossible.

In cases where there is a conviction there is usually a guilty plea, all the defence has to do is introduce some doubt in the jury's minds and they must acquit.

What underwear was the complainant was wearing? How much did he have to drink? Why didn't she scream? Why didn't she fight back? How long did it take before she reported the incident?

Rape myths about how a woman should, or is expected to behave when under attack, have never really been challenged, nor are juries currently given any direction on the issue of rape myths before a trial starts.

Even when convictions are achieved sentences can be shockingly low, with the long-term impact of sex attacks on women and children not fully understood or taken into consideration.

Last year a west Belfast man who raped a 12-year-old girl and made her pregnant was jailed for just ten-and-a-half months.

Having originally pleaded 'not guilty' he was only convicted after the child gave birth to a baby that was DNA tested and matched to her attacker.

Among mitigation presented for the low sentence was a victim impact report that said the child was not suffering from post-traumatic stress disorder.

He got less jail time because she was coping well - and that is what experts means when they say the system is not 'victim centred'.

Retired judge Sir John Gillen is currently conducting a review of how sexual offence trials are handled in Northern Ireland.

His review was prompted in part by a number of issues highlighted during this year's high-profile rape trial of former Ulster and Ireland rugby players Paddy Jackson and Stuart Olding, who were acquitted of raping the same woman in 2016.

Sir John is expected to deliver his proposed recommendations later this month.

A similar review is also underway in the Republic.

The justice system must be thorough and transparent, guilt should never be assumed and anyone who comes before a judge and jury should expect a fair trial.

That there were just 15 convictions out of 823 reported rapes last year would be a pretty clear indication that it simply isn't working at present.

Education in relation to the issue of consent and coercion so that boundaries and acceptable behaviour are drilled into our young people from an early age would help.

But when women, children and at times men are sexually assaulted and are brave enough to report that crime, the justice system must not further traumatise them by virtue of being entirely unfit for purpose.

The issues are now known, it's time to do something about them.