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Lavinia Kerwick at last year's Dublin Rape Crisis Centre conference. Andres Poveda

Opinion “The next government needs to treat the rape epidemic as seriously as the housing and health crises”

Lavinia Kerwick was the first Irish rape survivor to waive her anonymity.

IN 1991, I was brutally raped. I still suffer long-term physical effects; it destroyed me inside and out.

He pleaded guilty and received a suspended sentence. I felt I had no choice but to go public, so I went on the Gerry Ryan Show on 2FM. It was lonely and isolating to go public, but Gerry was my salvation.

Fast forward to this week, when two men were jailed for seven years for raping a woman at a house party. After the sentencing in the Central Criminal Court, supporters of the convicted rapist shouted at her: “you’re a liar” and “you’re going to pay for this”.

Rape derailed my life. When you’re raped, your plans and ambitions can go out the window, and going to this medical consultation or that legal appointment almost becomes a full-time job in itself.

  • (Read more here on how you can support a major Noteworthy project delving into what happens when adults or children come forward to report rape or sexual abuse.)

Fewer than one in ten people report rapes in Ireland, but organisations like One in Four and the Rape Crisis Centre are flooded with reports. The gardaí were so supportive and they minded me through the whole process, but the criminal justice as a whole remains underfunded and I believe that judges could benefit from training around the trauma of sexual violence.

I always encourage people to report sexual crimes to the gardaí but ultimately it must be their own decision.

We all know that securing a conviction can be difficult. The gardaí were so thorough with me and determined to gather all the evidence they needed. Court, however, can be a very sterile experience.

Victims don’t get enough information before going to court. I understand that the victim is merely a witness in the State’s case, but I feel strongly that we should have our own legal representation.

There have been improvements in the system in recent years, and judges are learning, but we need more change.

Why are character references allowed? It shouldn’t matter if a rapist carried out a rape when they were in or out of character, or whether they play GAA or rugby. I know that a rapist has to be defended in court but so does the victim and the only time their voice is heard is if they are lucky enough to get a conviction. There is something missing in the middle.

A victim can be placed on the stand and interrogated about what they were wearing and what they had to drink. Their reputation is torn apart. Why is the accused not asked what clothes he had on or about his demeanour on the night?

While the presumption of innocence is important, the two rapists at this week’s sentencing had already been found guilty and yet the traumatised victim was still abused and threatened from a height. This is so wrong. One simple way of stopping this would be to allow the victim or survivor to leave court first; the room needs to be cleared safely.

People need more confidence in the system. The incoming government needs to treat the rape epidemic as seriously as the housing and health crises and, indeed, rape victims are more vulnerable to being affected by homelessness or with serious physical or mental health problems. Investing in supports and making sure that people who come forward can access immediate treatment isn’t just the right thing to do; it would also save the State money in the long-term.

I give talks to students at Maynooth University about consent, and I have no doubt that Ireland’s poor and patchy sex and relationship education contributes to the problem. Young men, in particular, need to know how utterly devastating rape is.

We also need to look inside ourselves. When people come forward, particularly if they are reporting another family member, it can seem easier to sweep it under the carpet. I was so lucky to have support in my family.

I’ve never regretted reporting the rapist. The court case was traumatic and the outcome was unjust, but I don’t regret going to court. And I have never regretted going public.

Self-care is hugely important for rape victims and survivors. Be kind to yourself. I was so determined to heal and be better, that I used to go back and forth from Kilkenny to Clonmel for counselling. No matter what, I would always make sure to have some money in my pocket and I’d treat myself to a coffee, a magazine or a packet of Murray Mints. I would look forward to coming out of counselling for that treat.

Rape does not define you. You will have good and bad days but there are supports out there and friends, family, support organisations and other survivors will walk with you.

Lavinia Kerwick is a campaigner for victims of rape and an advocate for reform of the criminal justice system. She successfully campaigned for the introduction of victim impact statements and for the right of the Director of Public Prosecutions to appeal lenient sentences. 

If you have been affected by any of the issues raised here you can contact:

  • The Samaritans: 116123, jo@samaritans.ie
  • Rape Crisis Helpline: 1800 778888, rapecrisishelp.ie
  • For details of sexual assault treatment units, see hse.ie/satu
  • Crime Victims Helpline: 116006, see visit here

SPEAK OR SURVIVE Investigation 

Do you want to know if survivors of sexual abuse properly supported when they come forward?

The Noteworthy team want to do an in-depth investigation into what happens when adults or children come forward to report rape or sexual abuse and talk to survivors of sex crimes about their experience of the criminal justice system. 

Here’s how to help support this proposal>

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21 Comments
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    Mute Nathan Mawhinney
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    Feb 23rd 2020, 6:33 PM

    This is real journalism and from someone who’s opinion deserves to be listened too.

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    Mute Arch Angel
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    Feb 23rd 2020, 8:07 PM

    @Nathan Mawhinney: I have no problem or issue listening to anyone’s opinion, however due to this being a highly sensitive and somewhat contentious issue there’s often a tendency for many to give the topics raised a ‘free pass’ and not question any of those raised raised. Personally I feel this is wrong and insulting to the author. Obviously there’s no need to be insulting but at the same time it’s possible to question some of the points.
    If the author feels there is a rape epidemic then the onus is her to prove this or back it up with some sound evidence. If she wants this treated “as seriously as the housing and health crises” maybe she’d explain this, does she mean in monetary terms or political input. There’s an enormous difference between the two, one cost’s many billions while the other just takes an odd witty tweet and a few promises every now and again.

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    Mute Derek Moean
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    Feb 23rd 2020, 6:05 PM

    Anyone Convicted of Rape should get Life in jail

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    Mute Gordon Comstock
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    Feb 23rd 2020, 6:09 PM

    @Derek Moean: bad idea. We do that for murder and that has left murder with the lowest rate of guilty pleas of any crime (why would you bother pleading guilty if there’s no advantage to you from doing so?) We deal with sexual offences quite well in this country imho, but victims of any crime will generally feel hard done by by the justice system because blackstones ratio does essentially work to the benefit of offenders on an individual level although it is certainly best for society on a macro level.

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    Mute SC
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    Feb 23rd 2020, 6:30 PM

    @Derek Moean: then there would be no difference between a drunk and confused grey area rape and breaking into a woman’s house and raping her at knifepoint. The nature of the crime and impact on victims is different.

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    Mute Peter Govan
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    Feb 23rd 2020, 6:40 PM

    @Gordon Comstock: How many people do you think plead guilty to rape, I would hazard a guess its low and generally tends to be family members when its periods of abuse. Doubt theres to many men going guilty when the argument is around consent.

    22
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    Mute Jude
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    Feb 23rd 2020, 7:26 PM

    @Gordon Comstock: eh, we deal ‘quite well’ with sexual offences do we? Quite well if you are the perpetrator perhaps.

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    Mute Anthony Christoper Mc Garth
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    Feb 23rd 2020, 7:47 PM

    @Derek Moean: For sure! 100

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    Mute Randle McMurphy
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    Feb 23rd 2020, 6:57 PM

    What a brave woman, going on the stand to be questioned on such a traumatic event much be awful. The whole drinking and sex debate is something I dont where I stand. Taking something while not consensual that ruins a woman’s life or is it a regret thing that ends up ruining a man’s life. Only thing I’d disagree with is the word epidemic, I dont think there’s an epidemic of rape. It definitely happens but on a epidemic scale.

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    Mute Hans Vos
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    Feb 23rd 2020, 6:28 PM

    I hope that they treat that more seriously then housing and health crisis because they are a mess and it look like there not even treated at all.

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    Mute SC
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    Feb 23rd 2020, 6:31 PM

    @Hans Vos: it sets the bar low

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    Mute Anthony Christoper Mc Garth
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    Feb 23rd 2020, 7:02 PM

    @Hans Vos: Really more serous than housing and the health Crisis!! Have you thought about your Comment before you’ve posted!

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    Mute Hans Vos
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    Feb 23rd 2020, 7:20 PM

    @Anthony Christoper Mc Garth: yes!

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    Mute Anthony Christoper Mc Garth
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    Feb 23rd 2020, 7:24 PM

    @Hans Vos: do you think it’s more serious than….The housing and health! Do you not think that the health failure is contributing to rapes in anyway! Think about it!

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    Mute Anthony Christoper Mc Garth
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    Feb 23rd 2020, 7:31 PM

    @Hans Vos: well I think you should go back to your desk n have a thorough think about your comment ya! Your insulting the homeless here and people waitin n dying cause they can’t be seen in hospitals…hope you never get to experience that! Do ya get me yet!

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    Mute Arch Angel
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    Feb 23rd 2020, 7:27 PM

    One line stands out in this article, “people need more confidence in the system, I don’t think anyone can argue with that. We all worry about our daughters, our wives, our mothers and, these days, our sons too. I don’t think anyone would argue that our criminal justice system with regard to rape trials needs to be brought into line with the 21st century and stricter sentencing enforced once a perpetrator is found guilty.
    The headline clearly states there’s a rape epidemic, is that the case? No statistics were introduced to support this. There has been an increase in sex crime statistics recently due largely to the changes in how these are reported and, the Central Statistics Office (CSO), which publishes the Garda’s crime data, still has concerns over the accuracy of the raw crime data being supplied to it by the Gardaí. At present the CSO publishes quarterly and annual crime data “under reservation” – effectively warning the public that the figures carry a health warning.
    To put those figures in context in 2018 there were 3,182 sex crimes recorded by the Gardaí. In 2017/18 there were almost 54 thousand rape offences alone recorded by the Police in England and Wales.

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    Mute Albert Brennerman
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    Feb 23rd 2020, 7:27 PM

    Rape and sexual assaults all on increase. However the CSO make it look very standardised. Bravery above such as this lady is clear cut it is the use of physical force and that is horrific , most agree lock up and throw away the key, never occurs. Small sentence often occur.

    The increase however nowadays is mostly two individuals are consensually intimate at some level while both heavily intoxicated usually with alcohol, cocaine, then arises the consent issue and what they can recall. Surely neither have a true grasp on things. It’s as real to one party as it is unreal to the other, there’ll be no bruising or signs of being physically restrained it’s all very difficult to decipher what ever really happened. Can be devastating to both.

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    Mute Anthony Christoper Mc Garth
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    Feb 23rd 2020, 7:45 PM

    Woman here are raped by their husbands a lot here it’s never reported some of them are afraid to come forward fearing getting kicked out the house, getting a hiding later after the pub n so on… agree it should be reported…

    43
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