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Pre-recorded evidence 'might make the difference between rape survivors coming forward'

Allowing pre-recorded evidence from complainants in rape trials could see more survivors coming f...
Jack Quann
Jack Quann

07.51 18 May 2021


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Pre-recorded evidence 'might m...

Pre-recorded evidence 'might make the difference between rape survivors coming forward'

Jack Quann
Jack Quann

07.51 18 May 2021


Share this article


Allowing pre-recorded evidence from complainants in rape trials could see more survivors coming forward.

That is according to the Rape Crisis Network Ireland (RCNI), which is welcoming the move for pre-recorded evidence from complainants at trials across England and Wales.

This is seen as a bid to help increase conviction rates and to reduce stress on survivors.

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In Ireland, currently only those under the age of 18 or with a mental disability are offered a similar facility.

Caroline Counihan is the legal policy director for the RCNI.

She told Newstalk Breakfast Ireland is lagging behind.

"In Ireland what happens is your Garda statement, if you're a particular kind of witness... you can be allowed to have your pre-recorded statement to stand as your evidence in chief.

"That has been in in England and Wales for quite a while and they even have... special provision relating to sexual offences - and that would be general enough to cover anybody, the quality of whose evidence might be affected without them having to be a child or a person with an intellectual disability".

She said the scope should be broadened here.

"I think, for many survivors, this is a special measure which might make the difference between them coming forward to make a statement - be it the police or An Garda Síochána - in the first place.

"Because... the prospect of giving the whole of your evidence live, on the day, at the trial, for the first time is very daunting.

"It does put some people off.

"I'm not putting forward any one thing - nor would I - as a panacea, it doesn't work for everybody or in every situation.

"And here we're limited to only people under 18 and those with a mental disorder, as defined in the legislation, who can have this facility.

"I would love to see it being offered to survivors who don't fall into those categories - but equally where that would make such a difference to them that they would be encouraged to come forward."

Ms Counihan said they have always been in favour of such proposals.

"We've always thought that having the option of having your evidence pre-recorded is the way to go for some witnesses, at least.

"Particularly those that are feeling particularly vulnerable, or may be vulnerable through the fact that they're a child or through the fact that they might have an intellectual disability or something of that nature.

"I'm very interested to see these proposals in England and Wales."

Pre-recorded evidence 'might make the difference between rape survivors coming forward'

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Anyone affected by issues raised in this article can contact the Dublin Rape Crisis Centre's 24-hour helpline on 1800-77-88-88

Main image: The interior of courtroom 19 at the Criminal Courts of Justice in Dublin in 2014. Picture by: Laura Hutton/RollingNews.ie

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Caroline Counihan England And Wales Garda Statement Newstalk Breakfast Pre-recorded Evidence Rape Crisis Network Ireland Rape Survivor Rape Survivours

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