Sexual offences and human trafficking bill approved

Sexual offences and human trafficking bill approved

Wide-ranging legislation on sexual offences and human trafficking has been approved by the Oireachtas.

The Criminal Law (Sexual Offences and Human Trafficking) Bill 2023 includes measures on sexual offence trials providing for victim and suspect anonymity, a right to legal representation where victims are questioned about their sexual history, and a requirement for character evidence at sentencing hearings to be made under oath or by way of affidavit.

It amends the Defence Act 1954 to provide that allegations of rape and sexual assault in the Defence Forces should be investigated by An Garda Síochána and prosecuted in civilian courts, rather than being dealt with under military law or in the court martial system.

The law also puts the new national referral mechanism (NRM) for human trafficking victims on a statutory footing, and clears the final obstacles to ratification of the Second Optional Protocol to the UN Convention on the Rights of the Child on the sale of children, child prostitution and child sexual abuse material.

Justice minister Helen McEntee said: “Ensuring that victims of domestic, sexual and gender-based violence receive the support and protection they need and deserve has been a key focus for me and this government.

“The Criminal Law (Sexual Offences and Human Trafficking) Bill 2023 is another major legislative step forward in achieving this.

“This bill protects the privacy of victims in court, and strengthens measures that protect victims from re-traumatisation and re-victimisation as they engage with the justice system during the investigation and prosecution of sexual offences.”

James Browne, minister of state with responsibility for law reform and youth justice, said: “This bill delivers on key recommendations in the O’Malley Review which underpins the government’s strategy — ‘Supporting a Victim’s Journey’ — to improve the criminal justice system for victims of sexual violence who are predominantly women and children.

“Its passage today underlines this government’s commitment to realising this goal. I sincerely hope that this provides some comfort to victims today, who should always be at the forefront of the criminal justice process.”

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