NI’s top prosecutor: Our justice system is failing sex victims

Northern Ireland’s chief prosecutor declared today that there must be a cultural acceptance that the Province’s justice system is failing victims.
Stephen Herron, the director of public prosecutionsStephen Herron, the director of public prosecutions
Stephen Herron, the director of public prosecutions

Stephen Herron made the comments at a conference at which the Gillen report into how the Province handles sex offence allegations was discussed.

Mr Herron, the Director of Public Prosecutions, told his audience in the Dunsilly Hotel, Antrim, that a “holistic overhaul of how sexual offences are dealt with” is required.

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“The required starting point is a cultural acceptance from all parts of the justice system that current processes are failing victims,” he said.

“The trauma experienced by victims of sexual violence is devastating, but to seem to have every aspect of their personal life interrogated before and perhaps during trial, must unimaginably compound their hurt and sense of violation...

“Police and prosecutors will now engage more closely to establish what is considered relevant material to minimise unnecessary intrusion to a victim’s right to privacy.”

The Gillen report last May followed the unanimous acquittal of Paddy Jackson, Stuart Olding and co-defendants in relation to an allegation of rape.

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Retired judge John Gillen came up with around 250 recommendations for changing the justice system.

They included barring almost everyone from the public gallery, making judges give directions at the start of trials to combat “rape myths”, additional government-funded legal representation for complainants, and more.

The conference was attended by Deputy Chief Superintendent Paula Hilman, probation officials, Victim Support NI, and a number of advocacy groups including the Rainbow Project and abortion reform campaigners Alliance for Choice.

At the same time the conference took place, new justice minister Naomi Long said in a statement yesterday that it was necessary to work with the “voluntary and community sector to implement the recommendations” in the Gillen report, adding that this will “take time”.

POLITICAL BACKING:

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The SDLP, Sinn Fein and Alliance are all supportive of the Gillen reforms.

The UUP’s Doug Beattie said: “Without a doubt Lord Gillen’s report on the review of how sexual allegations have been dealt with has been extensive and meticulous. As the Ulster Unionist Justice Spokesperson I had a number of in depth conversations with Lord Gillen and much of what we talked about is included in his recommendations.

“The party is very supportive of Lord Gillen’s report and in particular the issues around public independent legal advice for complainants.

“We welcome the recommendations around the restriction of people to the courts to view such trials, myth busting training about the reasons for rape and sexual violence, the training of all judicial staff around sexual crimes against vulnerable people and children as well as improvements in our justice system to speed up the process without sacrificing efficiency.

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“Implementation of this report is key and vital for all those who have suffered from sexual violence and those who may suffer in the future.

“One of the first written questions I put to the Justice Minister concerns the implementation of this report and we await a response.

“It is a priority for the UUP to see this report implemented but it is more of a priority for victims to see a system that is both compassionate, fair and which delivers real justice.”

DUP chairman of the justice committee Paul Givan said: “Reforming the Criminal Justice System to provide confidence for victims to report crimes, particularly sexual offences, is needed and the Gillen Review made wide ranging recommendations.

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“The debate on anonymity for the accused until the point of a successful conviction [an idea rejected by the Gillen report] is a controversial issue and I will want to know the views of the Minister on these recommendations and the implementation process that has been established by the department.”

The recently struck DUP-Sinn Fein deal ‘New Decade, New Approach’ contains a vague commitment to adopt John Gillen’s report; it says the Executive will address “the report of Sir John Gillen on the handling of serious sexual offences cases, and will deliver the necessary changes in case conduct and management”.

While a raft of feminist campaign groups and victim advocacy agencies have also hailed the Gillen review, disquiet has been voiced about some his measures by the Bar of NI, representing barristers, commentator Chris Daw QC and author Lionel Shriver, who has written about the MeToo phenomenon and of having had her own experience of sexual abuse.