In spite of various professional reports advocating intervention and treatment for sexual offenders, rather than punishment and imprisonment, the Coalition Government has continued to favour a traditional response to the growing incidence of sexual crimes in our society. There is no denying that society has to be protected against such offenders when they are released back into the community. And the Sex Offenders Bill, 2000, circulated yesterday by the Minister for Justice, Mr O'Donoghue, goes a considerable way towards ensuring it will happen. But there is a distressing lack of emphasis on medical help and the rehabilitation of offenders within current Government policy. The extent of neglect is evidenced by the fact that of the 103 sex offenders released from prison last year, only eleven had received sex therapy treatment.
Mr O'Donoghue has recognised that much remains to be done in a situation where, of the 358 sex offenders now in custody (50 per cent of them involving offences against children), therapy sessions are available to only ten prisoners at a time in Arbour Hill jail. No facilities at all exist at the three other centres where sex offenders are held, although the Minister hopes to establish a new group therapy course at the Curragh later this year. An increase in the number of psychologists working in the prisons has been sanctioned and will rise from 8 to ten. And the Minister for Finance, Mr McCreevy has been asked to provide funding for a further ten positions.
The Bill imposes a requirement on sex offenders to notify the Garda Siochana of their names and addresses when they move into a locality, or change address, and penalties of up to twelve months imprisonment or a fine of £1,200 may be imposed if they fail to do so. A sex offender order may be sought by the Garda against a released prisoner whose behaviour led them to believe the community must be protected from serious harm. The draft legislation also provides for the supervision of sex offenders by the Probation and Welfare Service. At the same time, sex offenders will be required to advise a potential employer of their criminal record if the job involves working with children. A sex offenders' register will be kept both locally and nationally by the Garda but the Minister said that access to it will be on a strictly `need-to-know' basis so as to avoid the possible witch-hunting of individuals.
A most welcome element of the Bill relates to the provision of separate, State-funded legal representation in court for persons who have been raped or sexually assaulted, if the defence seeks to cross-examine them on their past sexual experience. Such protection of vulnerable persons, who have already been subjected to great trauma, is long overdue. Statistics show a rapid rise in the number of rape cases. The number jumped by 40 per cent in 1997, followed by a further 13 per cent rise in 1998 and about 2 per cent last year. The Courts are being overwhelmed with work. Two months ago, 133 rape trials and 25 rape sentences were listed for hearing up to March, 2001. Given that situation, retribution and incarceration must give way to policies involving intervention and treatment.