When the political gets personal #8thRef

This article originally appeared in The Mayo News on Tuesday, 18th April 2018.

A relationship with a close friend came under strain a few years back, when he was adamant in his opposition to the marriage equality referendum, and I was just as adamant in my support for it. We talked, we debated, we argued, we cried (well, one of us did) and ultimately we fell out. He went his way and I went mine and we each cast our votes according to our consciences. Afterwards, we reconvened. We didn’t talk about the issue ever again. And things have changed. I see him differently now, even though he’s the same person. He sees me differently too. And I miss the way things used to be, but we can’t go back.

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Belfast Rape Trial – three small steps to change

I tried really hard this week to write about something else, something other than the verdict from Belfast last week and the subsequent reaction. But I couldn’t. Truth be told, I’ve thought about little else since the verdict.

I won’t dwell on the verdict; it’s been done to death by the amateur lawyers on Facebook. However, it has rightly been acknowledged that “not guilty” does not equate to “innocent”; and in a complex case like this, proof “beyond all reasonable doubt” always felt like a bridge too far. The only positive outcome – if there is one – is the conversations that have been started, but the time for conversation has long passed.

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#IBelieveHer – turn your anger into action

This isn’t going to be a long blog post; I’m at my desk and don’t have time to delve into the horror that is today’s verdict nor to engage with any of the misogyny that is no doubt currently polluting social media.

It is a very short post to say I BELIEVE HER. Beyond a shadow of a doubt I believe her, and so do hundreds and thousands of others.

I can’t begin to imagine the effect that the coverage of and verdict from this trial has had and will, for many years, continue to have on those who experience sexual violence. They, like many others are neglected and abandoned by the state when it comes to providing essential services.

If you’re angry today, make your anger count. Donate, so that service providers can continue to support survivors.

Support Rape Crisis Network Ireland – a fantastic organisation that advocates for survivors, informs policy-making, conducts research and collates statistics

Donate to Mayo Rape Crisis Centre

Donate to Dublin Rape Crisis Centre (Or text ‘DRCC’ to 50300 to donate €2)

Donate to Women’s Aid Ireland

Donate €4 to Rape Crisis Midwest by texting RAPE to 50300

Please feel free to add more links in the comments below if you wish.

Withdrawal of SAVI funding an insult to sexual abuse survivors

This article was originally published in The Mayo News on 24th October 2017. 

Last week, amidst all the talk of inclement weather and hatch-battening, it was reported by Ellen Coyne in the Irish edition of The Times that Minister for Justice Charlie Flanagan had quietly reneged on a promise made by his predecessor, Frances Fitzgerald, to fund an updated report on sexual violence in Ireland. The first Sexual Assualt and Violence Report (SAVI) was carried out in 2002, and was groundbreaking both in its methodology and the insights it provided into the dark and murky world of sexual violence, as well as estimating the prevalence of the problem. (Hint: a lot more prevalent than many would like to acknowledge).

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Walking Home Alone

In the aftermath of the Brock Turner rape case sentencing in the US, and the powerful words of the woman he assaulted, Irish women took to social media to share their own experiences of “rape culture”. From being groped in nightclubs, to catcalling, to casual” sexism in the workplace, it painted a harrowing picture of a culture that is so engrained, we often don’t think to question it. The response to this outpouring from men was interesting and mixed, and I’ll be following up with a column on that. 

In the meantime, here’s the column I had (coincidentally) written for last week’s Mayo News, on one of my own experiences.

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A Woman’s Worth Part II – sentencing for violent crimes against women in Ireland

Back in 2012, noticing a pattern of lenient sentencing of perpetrators of crimes of violence against women, I started to keep a record on this blog. 

There was a broader rationale for the original post; I wanted to demonstrate the way that small, seemingly innocuous behaviours and attitudes towards women ultimately impacted upon their safety, and I also wanted to focus on how society regards women who have been victims of crime, versus how the perpetrators of violent and/or sexual crimes against women are viewed and treated.

Month by month, year by year I added examples of judgements that could be construed as unduly lenient to the post; however it started to become very long and unwieldly. You can read the original here, but this post, which I have laid out by judge in order to identify patterns, will focus purely on recording the sentencings. I am happy to receive additions and corrections. 

Judge Martin Nolan

  • In 2012, Thomas Finn, who viciously beat a neighbour in her garden in Finglas in an unprovoked assault had a two-year jail sentence suspended on condition that he pay his victim €3,000. Judge Nolan remanded him in custody for two weeks while he considered the sentence, and cited his clean criminal record and expression of remorse when imposing the sentence.
  • Earlier in 2012 Aidan Farrington, who sexually assaulted two of his adult nieces escaped a jail term after Nolan said publication of his name would “be punishment in itself”. His defence included a large number of character references, and his wife had taken the stand, describing him as a “magnificent person”. Nolan said “the abuse was very serious, but the seriousness of the assaults themselves does not mandate a custodial sentence”, as they were lower down the scale than other cases coming before the court and lasted a relatively short amount of time.
  • Nolan in 2012 also presided over the case of Mark Jordan, who, after assaulting his then girlfriend, leaving her with facial injuries, was handed down a two and a half-year suspended sentence on condition he pay her €5,000. Jordan broke his hand while punching his partner, who has since spoken about the lasting trauma the assault has had on her, and her frustration with the messages that such sentencing sends.
  • In October 2012, Nolan suspended the entire four-year jail term handed out to convicted sex attacker Graham Griffiths – on condition that he pay €15,000 to the woman he admitted violently assaulting while apparently under the influence of narcotics. Griffiths’ victim was just 18 years old, and was too traumatised to attend court.
  • In July 2013, a Dublin father of four who sexually assaulted his neighbour, while her eight-year-old son was present in the room and pleaded with him to stop hurting his mother, was given a two-year suspended sentence by Nolan. The child, instructed by his mother, ran to get help. Nolan said he felt that because of the man’s remorse, lack of previous conditions and the fact that he had since moved out the area, that the crime did not justify a custodial sentence.
    • In November 2014, the DPP successfully appealed this case, resulting in the sentence being increased to four years. However the four-year sentence was also suspended in full in November 2014 by the Court of Appeal. Ms Justice Mary Irvine, while stating that it had been wrong to place the case on the “low end of the spectrum” of seriousness and that it was in fact “very serious”, taking a number of mitigating factors into account, she stated that the court found it “only just and proper” that the four-year sentence be backdated and suspended in full. The father of the victim said that neither his daughter nor her son had been able to access counselling supports due to cutbacks.
  • In January 2015, Judge Nolan gave Stephen McCarthy, who sexually assaulted a woman as she slept in her bed following a party a two-and-a-half-year suspended sentence. McCarthy told gardai when questioned that he “tripped and landed on top of” the victim. Nolan took McCarthy’s lack of previous convictions and guilty plea into account, as well as the fact that McCarthy had paid his victim €2,000 in compensation.
  • In February 2016, Jeffrey Mitchell was sentenced to a three years in prison by Nolan for a violent unprovoked assault on a woman late at night as she walked home alone. Mitchell had 70 previous convictions for crimes like assault and robbery. His victim said she suffered flashbacks and felt “crippled with anxiety”, and did not know if she would ever feel safe again. According to Nolan, due to the seriousness of the offence, and the defendant’s long history of convictions, he had no choice but to impose a “substantial” sentence.

Justice Garrett Sheehan

  • In June 2013, Sheehan handed convicted rapist Niall Counihan of Longford a seven-year suspended sentence. His reasoning? Imprisonment would “impose hardship on his family”. Counihan – who his then 14-year-old victim claimed had shown no remorse since the crimes of rape and sexual assault were committed over 20 years ago – has two autistic children. Sheehan asserted that Counihan had “self-rehabilitated” in the meantime. “What he did to me has affected every aspect of my life, said his victim, “and it has left me with a pain, trauma, loss and sadness that I continue to feel every day”.
  • in 2012, Sheehan opted to shorten rapist Gerard Kane’s 12-year sentence by three years, on condition that he sit his Leaving Certificate while in prison. Kane broke into his victim’s house, raped her twice and threatened to kill her and bury her in her own garden. Kane had, on the night of the rape, been out on bail for a burglary.
  • In October 2013, Sheehan sentenced a Cork man to ten years in prison for breaking into his ex-girlfriend’s house armed with a hatchet and a knife, and subjecting her to a five-hour ordeal during which he physically abused her, raped her repeatedly, and hacked off her hair while he forced her to perform oral sex because she “wasn’t doing it right”. He then threatened to kill her. In court, it was claimed that he wanted to apologise to his victim, but was “too shy” to do so. The final three years of the sentence were suspended due to his willingness to participate in a sex offenders’ programme in prison.  The woman involved had all the details of her assault read out in the courtroom, and reported in graphic detail in national newspapers. She has since left her home. This seven-year sentence was, according to Sheehan, at the “upper end of the scale” for such crimes.

Judge Desmond Hogan

  • In July 2012, Dublin Circuit Criminal Court judge Hogan suspended five and a half years of the six-year prison term he’d handed down to wealthy businessman Anthony Lyons for attacking and sexually assaulting a woman in the early hours , ordering the attacker to pay his victim €75,000 in compensation. His victim was reportedly horrified, claiming never to have wanted money, but a prison sentence instead. Hogan referred to Lyons as being “being of previously good character”.
    • The DPP successfully appealed the leniency of this sentence, and in August 2014, the Court of Criminal Appeal decreed that the correct sentence should in fact be six years, with four suspended. The DPP argued that Judge Hogan had attached undue weight to mitigating factors, one of which was the compensation order.
  • In 2013, Gheorghe Alexandroae of Blackrock, Dublin was convicted of two charges of sexual assault on a woman during a party. Hogan suspended Alexandroae’s five-year jail sentence, on condition that he paid his victim €10,000. Many people “spoke highly” of Alexandroae, noted Hogan. “It is the type of offence where a drunken person took advantage of another person who … had also taken a certain amount of drink”, opined the judge. The woman, who has since left the country, told in her victim impact statement how she now suffers with depression and has difficulties with intimacy.

Judge Carroll Moran

  • Martin Quigley, a businessman, dragged a teenager into a spare bedroom of a Killarney B&B in the middle of the night and sexually assaulted her. He was handed a suspended sentence at the Circuit Criminal Court in Tralee by  in April 2014. While there was a degree of violence involved, according to Judge Moran, all of the touching was outside her clothes. Early admission by the man and the guilty plea to the sex assault charge which secured the conviction and spared the victim from going through a trial was taken into account. Quigley had apparently also suffered adverse publicity, which had an adverse effect on him and on his business.

Justice Patrick McCarthy

  • On July 13th, 2015,  McCarthy suspended a seven-year sentence to Magnus Meyer Hustveit, who confessed to raping and sexually assaulting his partner up to 10 times while she slept, saying he had to consider the fact that had Hustveit not confessed his crimes, there would be no case. Incidentally Hustveit initially confessed not to the authorities, but to his former partner, in an email exchange. His words: “I convinced myself it was a victimless crime because you were asleep”. The victim of his crime suffered from PTSD, anxiety  and eating disorders, and attempted suicide. During the trial, an incident of childhood sexual abuse was suggested by the perpetator’s defence as a contributory factor to her psychological problems.
    • The DPP sought a review of this sentence on grounds of undue lenience, and on 15 March 2016 Hustveit was senentced to 15 months imprisonment by Mr Justice George Birmingham. Birmingham said in his judgement that it was not in dispute that this was an unusual case, and “indeed an exceptional one”. A combination of a number of factors, he said, including Hustveit’s cooperation, voluntary return to Ireland from his native Norway to be charged, his previous good character, the positive life he was now leading in Norway “justified and required” a lesser sentence than would normally apply in cases of multiple rapes. 

Judge Patrick McCartan

  • On 6th March 2015,  McCartan handed down a three-year suspended sentence to Liudas Vaisvilas after he sexually assaulted a young woman in Eddie Rocket’s diner on  O’Connell Street. The assault took place shortly after he had been released from garda custody following the assault of another 19-year-old woman in Dublin Airport late at night. In the previous incident, the woman was waiting for a flight when he approached her, verbally harassed her and grabbed her between her legs. When she tried to get away, he followed her and rugby -tackled her, pinning her to the ground and putting his hand between her legs. McCartan had previously directed that Vaisvilas undergo a psychiatric assessment which concluded he had been in “a temporary state of mind” following a spate of bereavements and extreme tiredness.

Justice Paul Carney (1943-2015)

  • In what was one of the most high-profile sentencing stories of 2012, Patrick O’Brien, father of Wicklow woman Fiona Doyle, who had subjected her to a ten-year ordeal of sexual abuse starting when she was just four years old, was released on bail by the late Justice Paul Carney after being found guilty of 16 charges of rape and indecent assault. After a public outcry, during which Fiona waived her right to anonymity and met with Taoiseach Enda Kenny to discuss her 20 year struggle for justice and her personal experience of the treatment of survivors of assault in the court system, the decision was reversed, and bail was revoked. O’Brien was jailed for 12 years – with nine of those suspended. Fiona called the original decision “utterly heartbreaking”, and backed the Law Reform Commission’s recommendation that mandatory minimum sentences be applied for rape. One might argue that even the sentence itself was unduly lenient.
  • In February 2013, a 49 year-old Tipperary man convicted of sexually assaulting a 15 year-old girl after supplying her with alcohol was handed a three-year prison sentence by Carney – with the final year suspended. Carney noted the man’s “previous good character” and his “strong work ethic”.
  • Indeed, Justice Carney had long-standing form in this regard, having back in 2007 handed convicted rapist Adam Keane a three-year suspended sentence for rape, citing the rapist’s previous good record and the fact that he came from a good home. Keane flicked a cigarette at his victim when leaving the court in what was described as a “triumphalist gesture”. She waived her right to anonymity, and after an appeal from the DPP, Keane’s sentence was subsequently increased to ten years by the Court of Criminal Appeal (with the last three suspended).
  • Carney was again involved in the case of John Daly, when in 2000, he was sentenced to three years in prison with one year suspended for attempted rape and aggravated sexual assault charges. The sentence was successfully appealed by the DPP on the grounds of undue leniency and increased to six years. Daly, had previously pleaded guilty to attempted rape and indecent assault  on two young girls in the early 80s, and aggravated sexual assault on a 62 year-old woman in the 90s. In October 2011, Daly boarded a Luas bound for a Rihanna concert, with the intention of molesting young girls for his sexual satisfaction. In April 2014, Judge Mary Ellen Ring sentenced Daly to four years in prison for this crime, but suspended the last two years. One of his victims said that as a result of the assault she felt uncomfortable meeting strangers on public transport, and is generally more afraid.
  • Carney was once again involved when on 1st December 2014, the Court of Appeal maintained that an eight-year sentence imposed by the judge upon a man for repeatedly raping a neighbour’s young daughter for over three years was too lenient. The abuse began when the child was just five years of age and involved violent acts of depravity “amounting to torture”. The child’s parents had also been abusing her and have since been charged. Carney had sentenced the man to eight years’ imprisonment for each of the 15 counts of rape, and five years for each of the five counts of sexual assault – to run concurrently. Justice Seamus Ryan deemed the sentencing unduly lenient, and a new sentence hearing was due to take place early in 2015.

Judge Rory McCabe

  •  Despite referring to a series of incidents where a 48-year old man sexually assaulted a 17 year-old girl as “frightening, deliberate, sustained, unsolicited and uninvited”, Judge McCabe saw fit to adjourn his case for a year so that the conduct of the perpetrator could be assessed in the meantime. John Ring, of Castlebar, Co. Mayo targeted the girl, who was working alone at her workplace and was assaulting her until another customer interrupted them. He later followed her in his van, handing her his number on a piece of paper telling her to give him a call. Later that day, he returned to the store, winked at her and stuck out his tongue. After the incident, the court heard, the girl was nervous around strangers and afraid to walk down her road alone. Jim Ring arrived to court with €2,000 in compensation for his victim.

Our broken health system

This article was first published in The Mayo News on 19th January 2016.

Raising your voice to an overworked nurse in the middle of the A&E department, teeming with patients, crammed with beds and trolleys; that sounds like a pretty obnoxious thing to do. Yelling at her as she tries to do her job sounds like the height of ignorance. But when you’re sitting in the waiting room and a relative calls you from inside the emergency department to tell you they urgently need your help, it means something’s not quite right.

Everyone knows A&E is a busy spot. But in our visit over Christmas, a result of a respiratory illness, my relation was seen surprisingly quickly. In the midst of their assessment, they suffered a severe asthma attack. They were helped to a small room at the back of the department and sat in a chair, with the promise of relief to come via a nebuliser, a device that uses oxygen to break up a liquid medical solution to deliver relieving medicine directly to the lungs. They were left alone. As the minutes passed, they started to feel faint, as they struggled to get air into their lungs. And no-one returned.

So when my phone rang, I knew something was amiss. Confused, by the time I made my way into the department – where I wasn’t technically meant to be – and located them, their distress was evident. Although I tried to appear calm, it was obvious that help was urgently needed.

I ran to seek assistance from someone – anyone. I hijacked a nurse, already occupied, and begged her to help. And when she started asking perfectly reasonable questions like the patient’s name, the location of their file, the identity of the original nurse, panic got the better of me. And I raised my voice to that nurse. That tired, overworked nurse near the end of a long shift, trying to do her job in what can only be described as horrendous conditions – to yell at her to forget the files and to please, just help, right now.

And she did, without batting an eyelid. And within seconds the oxygen was flowing, and with it, a tiny bit of relief amidst the chaos. The blood returned to all our cheeks. We thanked her profusely.

As we waited in the room for a doctor to arrive, both trying to calm ourselves, I got my bearings. I went to find water, and the corridors strewn with people on trolleys. One man was starving, he said. No food for hours. In the waiting room, the coffee machine was broken, the snack machine was broken and the toilets were out of order. There was nowhere to get a bite to eat.

 Across the way lay an elderly gentleman in a gown. “When will the doctor see him, do you think?” asked his wife. “I’m afraid there are eight other people ahead of him,” said the nurse apologetically, “that need attention more urgently.”

patients on trolleys

When the doctor arrived, he was young and gentle and tired. Sensing our distress, he spoke in soft and reassuring tones, explaining what he was going to do and why. And we started to feel safe again.

And the mystery of why the original nurse didn’t return, or administer oxygen when all the equipment was right there in the room, was never solved, because it didn’t matter, and because I didn’t trust myself not to raise my voice again. Maybe someone else needed attention more urgently. Perhaps, with a hundred other things on her plate in the midst of that madness, she just forgot. Nurses are human too.

I chatted with the porter as he wheeled the trolley down to the deserted X-ray department. “I love coming down here for a bit of a peace and quiet,” he said. “That place”, he gestured, “is like a zoo.” A doctor had been assaulted in a row earlier in the day, he said.

We were lucky. After treatment, we escaped in a matter of hours. I drove back down the road feeling fortunate to have a passenger. I wondered what would have happened had I not been there. Perhaps it would have been fine. But perhaps not, and that’s the thing.

They say this is a country in recovery. But its health system is very ill.

Patients deserve – at the very least – to feel safe in A&E. To know they are getting the best possible care, not to feel at the mercy of an overcrowded system. Medical professionals – among them many unsung heroes – deserve to feel safe and have sufficient resources to work to the best of their ability.

And none of them deserve to be yelled at while doing their jobs.