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GAZETTE
where sufficient evidence was
available the matter was referred to
the Director of Public Prosecutions
for direction as to whether a pro-
secution should take place.
RAPE AND OTHER SEXUAL
OFFENCES
The law with respect to rape and
other sexual offences has recently
been amended by the
Criminal
Law (Rape) (Amendment)
Act,
1990.
That Act entered into force
on January 18, 1991. The Minister
for Justice informed the Dáil in
relation to a parliamentary question
on May 2, 1991 that the 1990 Act
represented a significant updating
of the law on sexual assaults and
provided for increased protection for
women who were victims of rape.
The penalties provided for in the
1990 Act are severe. Crimes which
were heretofore classed as
indecent assault - carrying a
maximum sentence of ten years
imprisonment - can now result in
a charge of sexual assault, aggra-
vated sexual assault or rape under
section 34 of the 1990 Act. The
offence of sexual assault covers
the less severe offences and carries
a maximum penalty of five years.
However, the more serious charges
of aggravated sexual assault and
rape under section 4 attract a
maximum
penalty
of
life
imprisonment. The maximum
penalty for rape itself is life
imprisonment and was unaffected
by the 1990 Act.
The Minister informed the Dáil
that the 1990 Act brought about a
major improvement in the pro-
tection afforded by the criminal law
to married women who have been
subjected to sexual abuse. The
1990 Act abolished the rule that a
husband could not normally be
found guilty of raping his wife so
that marital rape is now fully
recognised as a crime.
Before the 1990 Act was intro-
duced concern was expressed that
rape trials were extremely dis-
tressing for the victims and that
this had discouraged women from
reporting such crimes. A number of
measures had been taken to reduce
the trauma suffered by complain-
ants in sexual assault cases. Res-
trictions on adducing evidence
relating to the complainant's past
sexual history have been extended
JU
LY/AUGUST
1991
and provision had been made for
the anonymity of complainants in
all sexual assaults cases.
Prosecutions for rape, rape under
section 4 and aggravated sexual
assault are now, by virtue of the
1990 Act, tried in the Central
Criminal Court rather than the
Circuit Court and the general public
are not admitted. Furthermore the
civil legal aid scheme has been
extended, subject to normal
conditions, to allow a complainant
in such cases to consult a legal aid
solicitor who may accompany the
complainant into court. Arrange-
ments were being made by the
Director of Public Prosecutions to
provide pre-trial consultations with
all witnesses including the com-
plainant and to enable complain-
ants to be familiarised with the
procedure and layout of the court.
The Garda authorities were very
much aware of the problems of
rape and sexual assault and gardai
have, in recent years undergone
specialised training to equip them
to deal sympathetically and effect-
ively with the victims of such
crimes. The Garda authorities also
make every effort to ensure that
"It shows the Spirit of Christ taking place,
the story of Sister Consilio speaks for itself"
— Most Rev. Dr. Eamon Casey,
Bishop of Galway.
Sister Consilio
has been helping men and
women suffering from Alcoholism, for over
twenty - five years. She now urgently needs
your help to build her
Cuan Mhuire Rehabilitation
Centre,
in Athy.
Bequests, Donations etc. most greatfully
received by the
Sister Consilio Fund,
Cuan Mhuire, Athy, Co. Kildare.
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