A barrister has said the Government should consider a ban on character references for people convicted of sexual offences.
Last week, Daniel Ramamoorthy, of Whitebarn Road in Rathfarnham, was convicted of sexually exploiting a 13 year old child, who he had asked to send him a sexually explicit image.
Following his conviction, a number of character references were submitted on his behalf to the court.
One of them was from a former TD, who the judge declined to name, although he noted that none of the letters had made reference to the victim.
On The Claire Byrne Show, barrister Brenda Power said the judge should have named the former TD.
“Since 2024, it has been the law that anyone giving these references has to do so on oath,” she said.
“In other words, they have to be prepared to stand over them.
“Either they come to court and take the Bible or a firm or whatever, or else they swear an affidavit.
“So, I mean, this person arguably expected that this document would be in the public eye.”
A barrister leaving court. Picture by: Photocall Ireland.Ms Power continued that while character references have their place in the justice system, she is unsure if it is “appropriate” that they are available to sexual offenders.
“There is an argument to say that in cases of sexual assaults and sex related offences, sexual offences, that really the value of these testimonials should be called into question,” she argued.
“Maybe they shouldn't be considered at all, because we know this huge underreporting of these types of crimes.
“One of the reasons cited by victims is that they feel they won't be believed - often even after conviction.”
Impact on victims
Ms Power recalled a case in Kerry where dozens of local people - including the parish priest - queued up to shake the hand of a convicted rapist, seemingly without any consideration for his victim.
It is just another example, she thinks, how little consideration is given to the victims of crime.
“When, A, you give this testimonial for somebody in a sexual offence case and B, you don't make any reference to the victim,” she said.
“I really do think that those testimonials, A, should be questioned, possibly banned, but certainly should be publicised.”
Main image: A man being brought before a court. Picture by: Laura Hutton/RollingNews.ie.
