The prosecution of rape and sexual assault cases is pitifully low. Non reporting, length of time, victim blaming & rape myths — all contribute to very few prosecutions. But the power of the Director of Public Prosecutions (DPP) not to allow a case go forward for prosecution is a fall at the first hurdle. It is a veto on victims getting their chance to face their abusers and make their case in court.

The biggest number of requests for the DPP to give a reason for non prosecution applies to rape and sexual assault cases. And “insufficient evidence” is the biggest reason given. But, of their nature, most rape cases may not have evidence aside from the differing word of two people. Applying this rule to rape, sexual assault or sexual harassment therefore militates against prosecutions. 

Consent is also now part of the sexual offenses law — this is being disregarded by these decisions. Allow victims to have their day in court and put their case to a jury. Don’t let them by silenced. What is the point of consent being legislated for if the complainant has no opportunity to show they never gave consent and the accused is not asked to demonstrate they obtained consent?

These DPP criteria are a barrier to victims bothering to report in the first place. Why should a rape victim go to the trouble of reporting to the Gardai, only you have their case knocked back? 

The decision of the DPP not to prosecute — when Gardai have worked on cases and recommended prosecution — is also a discouragement to Gardai to put in the necessary work on rape and sexual assault complaints. 

Rape and sexual assault cases should be allowed go forward if the complainant has taken the time and trouble to formally pursue a complaint and particularly when the  Gardai who’ve investigated them feel there is a case to answer. Stop the DPP veto.