Legislation has been enacted that stipulates that character references for persons convicted of sex offences must now be submitted under oath. This measure is one among several included in the Criminal Law (Sexual Offences and Human Trafficking) Act 2024, which becomes effective this week. This Act aims to provide victims of sex crimes with increased protections during the legal procedures. Additionally, it extends the privileges that were formerly exclusive to rape victims to survivors of sexual assaults.
Previously, character references for the convicted could be delivered to the presiding judge by the defence, without the need for the writer to testify. Currently, the submission of character testimonies will require the witnesses to present themselves in person and testify under oath. The testimony can be presented in an affidavit, requiring an oath as well.
The new policy implies that any individual giving a character reference could become liable to perjury charges if they provide false testimony. This update is in response to recent controversies regarding the relevance of character references in sexual assault cases.
Survivors in sexual assault cases will now also be granted anonymity during court proceedings, a right that was only available to rape victims in the past. It would be considered illegal to disclose or publish the name of a complainant involved in any sexual assault case. New legislation has been adopted to explicitly stipulate that this includes sharing the information on social media platforms.
Survivors in sexual assault allegations can now also access legal representation in instances where the defence intends to introduce evidence connected to their past sexual history. Legal representation was previously only offered to rape complainants.
Minister for Justice Helen McEntee stated that while some parts of the criminal justice procedures may seem as opposed, they are essential in securing a fair trial. She also asserted her commitment to offering new protection strategies for vulnerable witnesses to shield and support them from further psychological distress during the process.
The legislation also dictates that the Defence Forces’ members who are accused of sex crimes will be scrutinized by the police and stand trial in the civilian courts instead of having their cases handled under military law.