New law aimed at protecting victims during sexual offence trials now in force
Legislation aimed at protecting victims of sexual offences from being “retraumatised” in the course of a criminal trial has come into effect.
Justice minister Helen McEntee has now commenced parts 1, 2, 4 and 5 of the Criminal Law (Sexual Offences and Human Trafficking) Act 2024.
The provisions ensure anonymity for victims in all trials for sexual offences, extend the right to separate legal representation to victims of sexual assault if they are being questioned about their previous sexual history, and ensure character evidence at a sentencing hearing for a person convicted of a sexual offence must be made on oath or via affidavit.
They also ensure that people subject to military law who commit sexual offences will be dealt with by An Garda Síochána and the civilian courts rather than by courts-martial.
Finally, they clear the remaining 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 pornography.
Mrs McEntee said: “Sexual offences are long underreported in this country. One of the factors is potential re-traumatisation and re-victimisation as victims go through a criminal trial.
“Some elements of the criminal justice process are undoubtedly adversarial, but are fundamental to ensuring the right to a fair trial — but I am ensuring new protective measures for vulnerable witnesses to support and protect them from further trauma during that process.
“The legislative provisions I am commencing today will better protect victims in the criminal justice system, and I hope will give more people the confidence to seek justice for the terrible crimes committed against them. This is one of my key priorities as minister for justice.”