Ireland: Rape complainants facing sexual history questioning to be entitled to counsel

Ireland: Rape complainants facing sexual history questioning to be entitled to counsel

Helen McEntee

Rape complainants in Ireland questioned about their sexual history will have legal representation at trial, under new reforms announced by the country’s Justice Minister, Helen McEntee.

The measure is among changes meant to improve complainants’ experience of the justice system detailed in the strategy Supporting A Victim’s Journey: A Plan to Help Victims and Vulnerable Witnesses in Sexual Violence Cases.

Complainants will be entitled to counsel of a seniority equal to that of the defendant – at pre-trial hearing and trial proper.

Counsel will be able to address the court on the issues of past sexual history only. The strategy contains 50 actions intended to implement recommendations from a review of the system by Tom O’Malley SC published in August.

A spokesman for Ms McEntee said: “New legislation to give effect to the recommendations on preliminary hearings will be published before the end of December 2020.”

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