The first rape survivor ever to waive her anonymity in Ireland has said a complainant’s sexual history should never be a factor in a rape case.

Lavinia Kerwick was speaking after the publication of a review of the protections for vulnerable witnesses in sexual offences cases.

The working group, led by barrister Tom O'Malley, was set up in the wake of the Belfast rape trial, which saw rugby players Paddy Jackson and Stuart Olding acquitted in 2018.

However, it falls short of calling for an “outright ban” on questions about a complainant’s sexual history, warning that this could lead to an “occasional miscarriage of justice.”

Ms Kerwick, who gave up her own anonymity after her rapist was handed a suspended sentence in 1993, told The Pat Kenny Show this morning that sexual history should not come into it.

“You are there for a rape case and anyone’s sexual history should not come into the public arena,” she said.

“It is a rape case. Somebody has said they have been raped. They have gone down the channels and bravery of reporting it, it has come to court and their sexual history, what they have or haven’t done, should have no impact on a rape case.”

She said she was happy to see the report published and expressed hope that it will start a discussion that has “needed to happen for many years.”

She said a rape trial is a “long and arduous process” for a survivor.

“It is also a very cold an inhumane experience to go through,” she said. “It is very isolating and the lack of information between the victim and the courts was apparent back then.

“It is a very, very cold and inhumane experience. It is very distant, there are very few supports and I think back then there was very little knowledge about how to handle rape, sexual assault and sexual abuse cases.”

Rape survivor Lavinia Kerwick at the launch of her book ‘Little Girl’ in Dublin in 1997. Image: Leon Farrell/RollingNews

Ms Kerwick said giving up her anonymity allowed her to put a face to a “heinous crime that caused a huge amount of hurt shame and anger.”

“The last place anyone wants to be is in a court and the last thing anyone wants to do is give up their anonymity but it is important to put a human side to rape,” she said.

“To be the first person to do that was not an easy decision but I felt very strongly even back then that I couldn’t walk away from the court and let somebody else go through the same system that worked against them.”

The Justice Minister Helen McEntee and barrister Tom O’Malley at the launch of the O’Malley Review of Protections for Vulnerable Witnesses in the Investigation and Prosecution of Sexual Offences, 06-08-2020. Image: Sam Boal/Photocall Ireland

The Kilkenny woman said it is now essential that authorities take action on the O’Malley report.

“I would never want to see people going through a trial and being treated as badly as I was by the system,” she said.

“I would never want to go back to those times and I think and I hope that all this talk now about reports and the Justice Minister saying they are going to put things in place, the Minister for Health talking about consent – I hope it is not just talk.

“We’re ready now for more change and it is not before time and I am glad to see that these people are taking rape seriously and that they are willing to do something about it.

“I just hope that everyone will follow through because there is nothing, nothing worse than living with your hurt when it is not yours in the first place.”

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