Opinion

Rape trial reforms must not fall victim to political crisis

Sir John Gillen, recently retired Court of Appeal Judge, who is leading an independent review into how the law and procedures in Northern Ireland deal with serious sexual offences. Photo by Aaron McCracken.
Sir John Gillen, recently retired Court of Appeal Judge, who is leading an independent review into how the law and procedures in Northern Ireland deal with serious sexual offences. Photo by Aaron McCracken.

While the outcry over the nine week long Belfast rape trial may have prompted a review of how serious sex offences are deal with in Northern Ireland, reform of the outdated system was long overdue.

Rugby players Paddy Jackson and Stuart Olding were both cleared of rape in March, however, issues over how the complainant in the case was cross examined for nine sitting days, along with the abuse of social media by some members of the public highlighted the urgent need for reform.

Most experts are in agreement that the need for education of young people from an early age on the issue of consent is essential to not only reduce instances of sexual assault but also to encourage victims to come forward.

Retired Appeal Court Judge Sir John Gillen spoke to more than 200 people, taking advice from experts in ten countries.

In the South lawmakers are also currently reviewing how rape case are dealt with, the urgency of this highlighted during a recent case where a teenager's lacy thong was referenced by a defence barrister to infer she may have planned to have sex.

Sir John Gillen is considering how judges can combat out of date and intrusive questioning of complainants in relation their clothing or previous sexual history.

Observing the voyeuristic nature of the Belfast trial, with a packed public gallery of observers each day, some making inappropriate comments while intimate and at times graphic evidence as delivered, convinced me that the general public have no place in a rape trial they have no personal connection to.

Sir John looked at how other countries deal with public observers during intimate evidence sessions and recommends seriously restricting access, as happens already in the Republic, Scotland and Wales. The press, however, will be allowed to ensure justice is done and seen to be done.

In summing up the cost of the reforms the report quotes a number of historical figures including Benjamin Franklin who said; "An ounce of prevention is worth a pound of cure".

In reality Northern Ireland's notoriously inefficient court system is already costing more than it should, while delivering less in terms of convictions than other jurisdictions.

However, the financial cost of such cases means little when placed alongside the mental anguish of child and adult victims, too afraid to come forward or retraumatised by an unfit for purpose system when they do.

There are over 220 recommendations included in the report, 36 of those require new legislation, at a time when we have no legislators there is a very real danger this report will fall victim to our political turmoil.

That must not be allowed to happen, we urgently need a quicker, better, fairer system of justice and we need it now.