Specialist judges for domestic and sexual violence cases must be appointed – Seery Kearney

The Department of Justice must examine the appointment of specialist judges for domestic and sexual violence cases without delay, according to Fine Gael Senator Mary Seery Kearney.

Senator Seery Kearney said it is essential that appropriate and ongoing training is provided for all legal professionals, including members of the judiciary, on best practice in the treatment of victims and survivors of sexual and domestic violence.

Senator Seery Kearney said: “The criminal trial process can be harrowing and can often have a retraumatising effect on the complainant involved, as it calls into question the credibility of their evidence and reputation.

“It can also have a chilling effect and make some complainants reluctant to report a potential crime and seek justice through the courts system.

“Justice Minister Helen McEntee launched a plan which committed to specialist training for judges, lawyers, and members of the Gardai to ensure victims are supported throughout investigation and prosecution.

“The Bar Council is also developing a course within its Continuing Professional Development framework to train barristers on how to treat victims, including how they should be questioned, and to gain a better understanding of the victim’s experience.

“In Government’s Domestic, Sexual and Gender-Based Violence plan, the Department of Justice commits to examining the appointment of specialist judges for sexual crime cases in consultation with the judiciary, with a scoping exercise due to begin at the end of this year.

“I would like to see these specialist judges in place as is practicable along with other reforms to ensure that victims of the most appalling crimes have confidence in our criminal justice system and that they are afforded dignity and empathy throughout the investigation and courts process.

“A report issued in recent weeks by the National Women’s Council found many victims of sexual and domestic violence are forced to navigate three separate legal systems: criminal, family and, if children are involved, child protection processes.

“The report found the onus is on the survivor to navigate these processes simultaneously, which can cause significant trauma and re-victimisation for survivors ^[1].

“Then Justice Minister Simon Harris committed to examining these concerns and recommendations from the NWC and progressing appropriate changes towards a more victim-centred approach as part of Government’s zero tolerance plan and Family Justice Strategy.

“I also welcome that we will have a standalone agency in January next year that is dedicated to tackling and reducing domestic, sexual and gender-based violence, with a key priority of increasing refuge spaces for victims throughout the country.”

[1] https://www.nwci.ie/learn/article/call_to_action_for_survivors_in_the_three_justice_systems