Thirtyone:eight asks for the Northern Ireland Assembly to repeal Section12, Justice (Sexual Offences and Trafficking Victims) Act (Northern Ireland) 2022
We were disappointed to hear that new legislation in Northern Ireland (Section 12, Justice (Sexual Offences and Trafficking Victims) Act (Northern Ireland) 2022 has been enacted, with significant unintended consequences of suppressing survivor voice around reporting abuses.
Northern Ireland press[1] have reported that this new legislation is stopping victims and survivors of sexual abuse from naming (or their identifying characteristics of) their alleged abuser in the public domain, pre-criminal charges. Specifically in this case around allegations of clerical abuse from a minister understood to be from a protestant denomination.
Survivors are often isolated and unaware of other people who have experienced harm from the same person(s). Without media coverage they would never be aware. The highest profile case of the last two decades in the UK was that of Jimmy Saville, if this legislation had existed then, it is highly unlikely that survivors would have ever had any form of due process of justice.
Section 12 is based on recommendation 18 of the Gillen Review (2019)[2]. The recommendation is for a voluntary protocol that governs how serious sexual offences are reported in the media, it does not ask for legislation. Recommendation 10 of the Gillen Review creates a framework for a fair and proportionate framework for in protecting the identity of the accused post-charge.
Whilst the police and the PPS have been involved in the case reported, no charges have been brought. The victim states that while the police and PPS believe her, the gaps in her memory are the reason for not taking the case to court. It is alleged that there are other victims and survivors of the unnamed cleric, their voice has also been removed. The alleged cleric is understood to be still active in ministry with ongoing contact with children.
As a matter of urgency we would like to invite the Northern Ireland Assembly to consider:
- Repealing section 12 and instead consider a fair and proportionate response to press reporting as recommended in the Gillen Review.
- All political parties who sit in the NI Assembly to publicly state their position in relation to this legislation and the survivor voice.
- A full consultation process to be commenced as happened in relation to other areas of the Justice (Sexual Offences and Trafficking Victims) Act (Northern Ireland) 2022. This should include the survivor voice and the press voice.
- That trauma informed practice recognises memory gaps are common and protect survivors from ongoing harm. We are concerned that normal trauma reactions are being used to prohibit justice processes.
- Encouraging church to develop safe places, ensuring that all people are safe and free from harm including children.
Confidential support for survivors of abuse in a faith-based context is available by contacting the Thirtyone:eight helpline on 0303 003 1111
[1] McBride, S. (18/11/23) Claims top cleric sexually abused and mutilated victims – but now is protected by new Stormont law (Belfast Telegraph)
[2] Gillen, J (2029) The Gillen Review https://www.ppsni.gov.uk/gillen-review
