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Anger over retired Judge's comments on rape

The Dublin Rape Crisis Centre says there have been a number of calls to their helpline, following an...
TodayFM
TodayFM

4:41 PM - 15 Sep 2014



Anger over retired Judge's...

News

Anger over retired Judge's comments on rape

TodayFM
TodayFM

4:41 PM - 15 Sep 2014



The Dublin Rape Crisis Centre says there have been a number of calls to their helpline, following an interview with retired Judge Barry White, on RTE.

Ellen O’Malley-Dunlop CEO Dublin Rape Crisis Centre said: “If there was ever any doubt that ongoing education and training was needed for the Judiciary dealing with cases of rape and sexual violence, this interview is the perfect example of that necessity. Mr. Justice Barry White very clearly stated that he did not believe that the judiciary needed education and training in this area.

 He said, in answer to a question on sentencing in cases of rape:  “You have to look at the particular circumstances of the act of rape. There can be some very violent ones and some less violent ones...”   We say : Rape is an inherently violent act. There is no such thing as a ‘less violent rape’...

He then went on to talk about a sentence that he was criticised over in the case of a young Brazilian woman whose perpetrator had been found guilty by a jury of raping her.  He handed down a seven and a half year sentence but suspended three and a half years of the sentence. 

"He referred to the victim as a non-national when in fact she was a Brazilian National," said Ms O'Malley Dunlop. " He admitted he did not know anything about the criminal justice system in Brazil but he did say that he “...took a view in that, on the victim impact report, or statement, and the victim seemed to have a considerable interest in compensation for the offence.” This admission surely highlights an implicit judgement of the victim. In Brazil compensation is available to victims in the criminal justice system as it is in Ireland. In Ireland rape ordinarily attracts an immediate and substantial custodial sentence not withstanding there may have been compensation paid." 

She said callers to the DRCC helpline were angry and upset at the retired Judge's comments.



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