The Minister for Justice, Helen McEntee, will meet a survivor of a serious sexual attack next week to discuss recommendations for reform in the criminal justice system for victims of sexual violence.
Sarah Grace, a solicitor who was attacked while she slept in her apartment in Grand Canal Dock in Dublin in July 2019, has commended the Department of Justice for proactively engaging with her following an interview in The Irish Times, in which she relayed her experience of the attack and the subsequent trial.
Her attacker, Ibrahim Elghynaoui, was found guilty of aggravated sexual assault and sentenced to 10 years’ imprisonment earlier this month.
Ms Grace says she is “hugely encouraged” by the department’s responsiveness, and will meet Ms McEntee next Tuesday, March 30th.
In a letter sent to Ms McEntee ahead of their meeting, Ms Grace outlined seven recommendations. These include ending the practice of notes from victims’ private therapy sessions being disclosed at trial, and better training for barristers. Ms Grace also questioned the characterisation of victims as witnesses at trial and their cross-examination, which in certain cases can include questions about their sexual history.
Increased scrutiny
The little-known practice of therapy notes being shared with defence lawyers in cases of sexual violence has come under increased scrutiny in recent weeks. In her letter, Ms Grace wrote, “the prospect of disclosing such private and sensitive records to the accused and their lawyers undoubtedly contributes to the alarming drop-off rate between sexual offences being reported to the gardaí and those actually proceeding to trial.”
Ms Grace also recommends that victims be allowed give evidence from behind a screen or by video link by default, having successfully advocated that she be permitted to give evidence behind a physical screen so she could avoid seeing her attacker. The screen was eventually permitted, but the use of physical screens in trials in Ireland remains very rare.
Officials in the Department of Justice are currently drafting a new Sexual Offences Bill, with the Government seeking to tighten laws around harassment. The Bill will be published towards the end of the year.
