Dáil Report:A Government backbencher has called for the introduction of mandatory sentences for rape as she sharply criticised the predominantly male judiciary for their sentencing practices in rape cases.
Progressive Democrats TD Mae Sexton (Longford-Roscommon) said it should be the case that "the convicted rapist is the one on whom the onus to appeal the severity of the sentence should fall".
Referring to the suspended sentence last week for Adam Keane convicted of raping Clare woman Mary Shannon, she compared it to the Galway county councillor sentenced this week to 12 months for €7,500 fraud and attempted fraud of another €7,500.
In a passionate speech she said that "to compare low-level fraud to a brutal rape is like comparing the MacGillicuddy Reeks to the Alps, yet this crime merited incarceration while Mary Shannon's rapist walked free. That local authority member has a personal right to appeal. Mary Shannon has no personal right of appeal."
During a debate on the Criminal Justice Bill, Ms Sexton was supported by party colleague, Fiona O'Malley (Dún Laoghaire) who said: "The decision of a judge to allow a convicted rapist to go free without a custodial sentence is an outrage and confidence in the judiciary has been put to the test."
Ms Sexton condemned as "contemptible", "reprehensible" and "unacceptable" Mr Justice Carney's submission that the decision in the Court of Criminal Appeal on which he based his sentence "should be a precedence in the sentencing of the crime of rape".
Ms Sexton was warned by the Cathaoirleach that the judiciary was independent and that members of the judiciary may neither be criticised nor have rulings referred to in the House except on a substantive motion. She made her comments before it emerged that the DPP is to contest the leniency of the rape sentence.
She called on the Minister for Justice to "introduce mandatory, minimal custodial sentencing for the crime of rape now. If with his legal expertise he feels this is not appropriate now I call on him to consider the introduction of at least mandatory statutory sentencing guidelines to which judges must refer when delivering their judgments.
"I also call on him to introduce an ombudsman's office for the judiciary which would ensure compliance with the guidelines and that personal precedent, which appears to be taking hold on the bench and hardly serves the cause of justice, will not continue to be followed."
She also referred to another case where a man was sentenced for robbery in Monaghan in which Judge Seán McBride said that if he had a licensed gun he would blow the head off anyone who came into his house. He subsequently issued a qualified apology for his words but not for his intent and his revulsion at the violation of people's homes and the security of their private place.
"What would he or any learned judge have said if some person entered his house and raped his wife or daughter? Would he subsequently apologise for his reaction to such an event? I ask the male members of this august assembly how they would feel if Mary Shannon was their wife, sister, mother or daughter. Would they accept a non-custodial sentence as sufficient in this abominable set of circumstances?"
Ms Sexton said that while the judiciary had responded in the wake of the murder of journalist Veronica Guerin, judges were now taking a "softly-softly" approach and it seemed that "the scales of justice have been tilted so far in favour of the accused that they are about to fall over".
