Character references in sex abuse cases 'need reformed'

The usage of quality references successful intersexual transgression cases should beryllium reformed urgently, campaigners person told BBC News NI.

Haileigh Ashton Lamont, a unfortunate of intersexual maltreatment who present works with survivors, said those convicted of these crimes should not person the enactment of a quality reference.

She was speaking aft a erstwhile SDLP councillor apologised for providing a notation for a antheral convicted of rape.

The Department of Justice (DoJ) said it was "actively seeking to code the usage of bully quality references, which volition necessitate legislation".

There are 2 communal ways successful which quality references are utilized successful transgression courts successful Northern Ireland.

The archetypal is during the people of a trial, wherever the suspect has nary erstwhile convictions oregon applicable constabulary connections and they tin telephone quality witnesses to springiness evidence.

They tin besides beryllium utilized during sentencing, wherever a idiosyncratic has either been convicted oregon pleaded guilty. Written references astir the individual's quality tin beryllium submitted to the tribunal connected their behalf.

The usage of quality references successful rape and intersexual battle cases has been debated successful Northern Ireland for immoderate time.

The DoJ said the judiciary indispensable "determine what is applicable to the sentencing process".

It added that the intent of quality references were to supply the tribunal with "insight into immoderate factors that could mitigate the defendant's sentence".

However, campaigners accidental that they tin beryllium re-traumatising for victims and perpetuate rape myths.

Last month, SDLP councillor Brian Tierney was suspended from the SDLP aft helium provided a quality notation for Kielan Mooney, from Bloomfield Park successful Derry.

Mooney was jailed successful Dublin for eight-and-a-half years for raping a woman, who was a chap subordinate of the Irish Defence Forces.

Mooney's household aboriginal said BrianTierney had been "misled" into providing the reference, arsenic helium was not alert of the "seriousness" of the charges.

He aboriginal withdrew the notation and said atrocious to Mooney's victim.

The pistillate told BBC Radio Foyle's North West Today she accepted Tierney's apology.

"He was massively misled connected the seriousness of the case. I instrumentality his apology but its important I talk retired for maine and different women now.

"I similar to notation to myself arsenic a survivor. It did instrumentality a toll connected my societal beingness and enactment beingness but I got the close assistance by speaking out," she added.

Ms Ashton Lamont said 1 unfortunate told her this week that uncovering retired astir quality references stopped them from coming forward.

"I deliberation that sums up the interaction they person and however detrimental they are," she said.

She added that immoderate clip she brought up the taxable of betterment of the transgression justness strategy she was told "these things instrumentality time".

Another woman, we're calling Jessica, who was earnestly sexually assaulted by a antheral she met connected Tinder, was amazed astatine the fig of references included successful her case.

The antheral pleaded blameworthy to intersexual and carnal assault. The justice successful the lawsuit said helium had "committed a gross intersexual and convulsive offence".

"I deliberation the fig of references fixed successful my lawsuit was wholly unfair and taking vantage of the system," she said.

"I could lone supply my word, and my mum's, done unfortunate interaction statements. That's not comparable to the 14 quality references helium submitted."

Jessica said the perpetrator should beryllium capable to show their quality but determination should beryllium a limit.

Nexus, a foundation which supports victims of intersexual crimes, has been lobbying the authorities to marque changes.

CEO Joanne Barnes said a perpetrator oregon an accused offender should person an honorable and just practice successful tribunal but this besides indispensable beryllium relevant.

She added that successful intersexual crimes quality references shouldn't person immoderate existent power successful courts.

Nexus says they look to Australia and New Zealand, wherever quality references are not permissible successful intersexual offence cases.

In the Republic of Ireland, from September 2024 those submitting references indispensable look successful idiosyncratic and springiness grounds aft swearing an oath oregon the references tin beryllium made successful an affidavit.

This means quality witnesses could beryllium unfastened to charges of perjury if they springiness mendacious evidence.

In April 2018, the Gillen Review was commissioned by the DoJ to amended transgression justness outcomes and the experiences of victims.

It acceptable retired 253 recommendations.

The DoJ said the reappraisal highlighted "potential inequalities betwixt complainants and defendants successful superior intersexual offence cases".

"The complainant's grounds is often treated with disbelief and the defendant, who tin telephone bully quality evidence, whitethorn question to undermine their quality oregon actions whereas the complainant is not accorded the close to telephone quality grounds oregon witnesses connected their behalf," it added.