Maria Hassan: Victims of sexual violence are still being failed by the justice system

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Content warning: this article discusses sexual violence

More than five years after the publication of a review into how Northern Ireland’s criminal justice system deals with serious sexual offences cases, victims are still being failed by the system, Stormont, and the spectre of social media speculation.

The Gillen Review aimed to address long-standing concerns about the administration of justice in sexual offences cases and improve the experiences of those engaged with the system.

The review was set up following the high profile trial in 2018 of two Ulster Rugby players, Paddy Jackson and Stuart Olding, and two other men.

Mr Jackson and Mr Olding were acquitted of rape.

As part of the review, retired judge Sir John Gillen made a total of 253 recommendations - just over half of which have been completed.

Remote Evidence Centres have been set up to reduce the trauma that vulnerable witnesses can feel while giving evidence.

And the Sexual Offences Legal Advisors (SOLAs) service now provides independent support to victims navigating the criminal justice system.

The Department of Justice told The Detail that “good progress” has been made with 70% of recommendations underway.

However, some recommendations have yet to be fully implemented, including tackling delays in the justice system which can leave some victims waiting years for their case to be heard, and new legislation to manage the dangers created by social media.

The review also advocated for education and training to raise public awareness of rape myths, the trauma suffered by sexual offences victims, and the responsibilities of jurors - work which the department said is “ongoing”.

The department said: “The absence of a functioning Executive or Assembly from 2017 to 2020 and more recently from 2022 to 2024, resulted in additional constraints.

“Uncertainty around resources and funding, the inability to bring forward new legislation and delays in taking forward cross-cutting recommendations that can only be progressed in the context of agreed Executive decisions.

“Collectively these challenges have affected the pace of delivery.”

Issues around how victims are treated by the system and wider society still persist.

It is illegal to share the identity of any alleged victim of sexual offences.

But social media presents a significant problem.

Digital spaces can easily become infected by prejudicial statements, anonymity violations, harassment, and abuse.

Issues that represent a difficult daily reality for some become a topic of viral gossip for others.

Last month, the Attorney General warned of potential offences from social media posts discussing the court case facing Sir Jeffrey Donaldson.

Lagan Valley MP Sir Jeffrey (61) has been charged with rape and other historical sex offences.

His wife, Lady Eleanor Donaldson (58), is a co-accused who faces four charges related to alleged aiding and abetting.

The PSNI has also previously stated that speculation about the case may affect the judicial process.

The criminal justice process is always going to be challenging even without the layers of media, social media, and public opinion.

Whilst victims are still being let down by the system, and the pace of change remains too slow, we cannot place the blame solely at Stormont’s door.

The state must meet its obligations, but society also needs to reckon with our approach to the trauma of sexual offences.

There is still a significant amount of work to be done to improve the experience of victims and survivors.

Ensuring the system is fit for purpose evidently requires more time and money.

Respecting the rights of complainants, and affecting a necessary change in our online behaviour, requires collective effort.

Both are vital if we are to deliver justice for victims and live in a civilised society.

Support, information, and advice is available 24/7 via the Domestic and Sexual Abuse helpline. Telephone 0808 802 1414, email [email protected] or live chat at dsahelpline.org


Maria Hassan is a freelance journalist @MariaSassan

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