Clare rape case sentence crying out for appeal by DPP
Issued : Wednesday 14 March, 2007
The Labour Party Spokesperson on Justice, Deputy Brendan Howlin, has said
that there was a compelling case for the DPP using the powers available to him
under the 1993 Criminal Justice Act to appeal the three year suspended sentence
imposed on a man in the Co. Clare rape case.
By any standard the suspended sentence imposed on this case would appear to fall within the 'unduly lenient' criteria referred to in the 1993 Act. Based on the information in the public domain, there were few mitigating factors in this case. The rapist broke into the victim's house; the woman's children were present in the house in another room; the man pleaded not guilty and never expressed any remorse.
The decision of the Oireachtas to give the DPP power to appeal sentences was one of the most significant legal reforms introduced by the Oireachtas in recent decades and this is a case where it is crying out for use. Judges are human beings who occasionally can get things wrong and this would appear to be such a case.
This case also focuses attention on the need for more consistency in sentencing by the courts in such cases. If the judiciary cannot ensure consistency then the Oireachtas will have to look at the ways in which this can be done though, for instance, the introduction of statutory guidelines. There is also, I believe, a strong case for allowing counsel for the DPP to make a submission to the court on the appropriate sentence to be imposed.
Of equal importance is the need to improve support services for victims of rape and sexual assault including an entitlement to full free separate legal advice, assistance and representation for complainants in cases of sexual violence.
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