The Oireachtas has passed a Bill aimed at providing wide-ranging protections for victims of sexual offences and human trafficking in Ireland. The Criminal Law (Sexual Offences and Human Trafficking) Bill 2023 includes measures on sexual offence trials providing for victim and suspect anonymity, and a requirement for character evidence at sentencing hearings to be made under oath or by way of affidavit.
The Bill will ensure anonymity for victims in all trials for sexual offences; extending the victim’s right to separate legal representation if they are being questioned about their previous sexual history.
In addition, it ensures people subject to military law who commit specified sexual offences will be dealt with by An Garda Síochána and the civilian courts rather than by courts-martial.
The legislation also puts the new National Referral Mechanism (NRM) for human trafficking victims on a statutory footing; and clears the final obstacles to ratification of the Second Optional Protocol to the UN Convention on the Rights of the Child on the sale of children, child prostitution and child sexual abuse material.
The Bill puts into effect a number of key recommendations made in the O’Malley Review of protections for vulnerable witnesses in sexual offences cases.
The new Bill also puts a revised National Referral Mechanism (NRM) in place for identification and support of victims of trafficking. This new approach will make it easier for victims of trafficking to come forward, be identified and access advice, accommodation and support, according to the Department of Justice.
The Minister for Justice, Helen McEntee TD, and Minister of State at the Department, James Browne TD, welcomed the passage through the Oireachtas of a Bill.
Justice Minister Helen McEntee welcomed the legislation, stating:
“Ensuring that victims of domestic, sexual and gender-based violence receive the support and protection they need and deserve has been a key focus for me and this Government. The Criminal Law (Sexual Offences and Human Trafficking) Bill 2023 is another major legislative step forward in achieving this.
“This Bill protects the privacy of victims in court, and strengthens measures that protect victims from re-traumatisation and re-victimisation as they engage with the justice system during the investigation and prosecution of sexual offences.”
“The revised NRM will make a significant difference to Ireland’s capacity to identify and support harder-to-reach trafficking victims. Under the revised framework, a number of Ministers are designated as competent authorities, as well as Tusla, the Health Service Executive and the Workplace Relations Commission, in addition to An Garda Síochána,” the Justice Minister said.