The NGO has published its submission to the Oireachtas justice committee, which will this afternoon begin hearing evidence on victims’ testimony in the cases of rape and sexual assault.

A review led by Tom O’Malley SC last year rejected suggestions that complainants should be entitled to independent legal representation throughout the entire trial process, but did endorse greater access to legal advice and representation in particular circumstances.

Since 2001, complainants in rape and aggravated sexual offence trials have been entitled to separate legal representation in respect of any application that is made to question them about their sexual history. Mr O’Malley recommended extending this right to all trials for sexual assault offences.

However, DRCC’s submission argues that victims are placed in an “unacceptable position” where trials are examining rival accounts of events and “one of those parties is represented by expert, experienced legal representatives and the other is not represented at all and has had no legal preparation for that trial”.

It adds: “Despite significant opposition from the legal profession, and a failure of the O’Malley report to endorse this suggestion, we submit that there is not only capacity to provide legal representation for victims of sexual offences, but that there is a real need for that, to vindicate the rights of victims.”

The justice committee will hear oral evidence from the Department of Justice, the Rape Crisis Network Ireland, Men’s Aid, One in Four and The Bar of Ireland this afternoon.

Committee chairperson James Lawless said: “Giving testimony in court can be very traumatic for victims of sexual offences and can often add to their suffering.

“The recent O’Malley report, which examined issues around vulnerable witnesses in cases of rape and sexual assault, recommended extending the right to separate legal representation to victims during court cases alongside the defence and prosecution.

“The committee agreed in its work programme to examine this important issue and seek written submissions from key stakeholders. Among the areas we wish to examine are how such testimony is currently conducted; how this process can affect victims, defendants and legal practitioners; what alternative approaches there are in other jurisdictions and how an alternative system could be applied in Ireland.

“Members look forward to discussing these sensitive matters with the stakeholders and hearing their experiences of how victims’ testimony in rape and sexual assault cases operate in the Irish courts system.”