Character references for a person convicted of sexual offences will now have to be given under oath.
It is one of a number of measures contained in the Criminal Law (Sexual Offences and Human Trafficking) Act 2024 which comes into force this week.
The act is designed to give victims of sexual offences greater protections during the legal process. It also extends rights previously only available to victims of rape to victims of sexual assault.
Until now, character references for those convicted of sexual offences could be submitted to a judge by the defence without requiring the author to give evidence.
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Now, those submitting character references must appear in person and give evidence after swearing an oath. The reference can be made in an affidavit, which also requires the swearing of an oath.
The moves means character witnesses may be open to charges of perjury if they give false evidence to the court. It follows several recent controversies about the appropriateness of character references in sexual assault cases.
Complainants in sexual assault cases will now also receive anonymity during the court process. Previously, this only applied to rape cases.
It will now be an offence to broadcast or print the name of a complainant in any sexual offence case. Legislation has also been added to clarify that this includes publication on social media.
Complainants in sexual assault cases will now also be entitled to legal representation in situations where the defence seeks to bring in evidence of their past sexual history. Previously, legal representation was only available to complainants in rape cases.
“Some elements of the criminal justice process are undoubtedly adversarial, but are fundamental to ensuring the right to a fair trial – but I am ensuring new protective measures for vulnerable witnesses to support and protect them from further trauma during that process,” said Minister for Justice Helen McEntee.
The legislation also mandates that members of the Defence Forces accused of sexual offences will be investigated by gardaí and prosecuted in the civilian courts, rather than be dealt with through military law.
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