Women and the 2016 General Election

This column first appeared in The Mayo News on 1st March 2016. 

While the 2016 General Election campaign itself failed to set the world on fire, the public’s interest was finally ignited precisely 48 minutes after the polls closed, when the Irish Times’ exit poll gave us a hint of just how much the political landscape was set to alter.

Now, there are so many fascinating angles from which to analyse the outcome, not least the massive task that lies ahead in forming a government, but it will be interesting to see over the course of the next Dáil term just what discernible effect, if any, the introduction of gender quotas – aimed at increasing female representation in the Dáil – will have had.

In the 2011 General Election, 86 out of 566 candidates were female. 25, or 15% of those won seats. This time out, 161 out of 546 candidates were women, and at the time of writing, at least 32 are guaranteed seats, with up to 37 potentially being elected. This would give a minimum female representation of 19%. (Update: 35 women were elected to Dáil Eireann in the 3nd General Election – 22% of deputies, representing a 40% increase on 2011).

The increase might not appear majorly significant given the low base, and should certainly reassure those worried male politicians that quotas are not actually designed to disadvantage them.  They merely present the electorate with a greater choice – and ultimately the electorate decides who to employ. Imposing quotas is a crude measure, which fails to address the root causes of low female participation, not least the family-unfriendly nature of the role. However, change needs to come from within, and women need to be visible in their participation in order to mobilise others. This is therefore a long-term project, so this weekend’s result is a move in the right direction.

The gender breakdown remains the same in Mayo, but with a new face at the table, with Fianna Fail’s Lisa Chambers replacing Fine Gael’s Michelle Mulherin. Based on this campaign, however, here is a strong possibility that we may see a more equal playing field next time out, should Sinn Fein’s Rose Conway Walsh have anything to do with it. At a national level, it is important now that there is adequate female representation at cabinet level too.

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Dara Calleary and Lisa Chambers celebrate after being elected. Photo: Gerry Mooney

Let’s hope our new female TDs have a thick skin, given the higher level of scrutiny they will face from the public than their male counterparts. They will inevitably encounter not just political criticism, which is of course fine and necessary, but most of them will also deal with criticism of their appearance, their clothing, their mannerisms and even their voices. Sometimes this will come from their own colleagues. You only have to look at the vitriolic bullying personally directed at Joan Burton over the past five years for proof.

Let’s get this straight. It takes a hell of a lot of courage and self-belief to walk the walk and put yourself in front of the electorate, let alone take on the responsibility of governing. It’d be far easier to hurl from the ditches with the rest of us.  The very least our female TDs now deserve is to be treated with respect, and to be judged by the same standards as their male colleagues – on how they do their jobs.

 

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.

Bastards, gays and respectable people…

It’s an old post but nevertheless holds true – a really worthwhile and powerful read by Claire McGettrick on why homophobia has no place in the discussion of children’s rights.

Feck sake...

I am not – by any stretch of the imagination – a regular blogger, but there are times when you simply have to speak up, and this is one of them. The following is written in a personal capacity.

The bastard, like the prostitute, thief, and beggar, belongs to that motley crowd of disreputable social types which society has generally resented, always endured. He is a living symbol of social irregularity, an undeniable evidence of contramoral forces; in short, a problem – a problem as old and unsolved as human existence itself.

Davis, K. (1939) ‘Illegitimacy and the Social Structure’.

American Journal of Sociology, 45(2): 215-233.

I have always thought of bastards (and I will explain my use of the term below) and lesbians/gay men as compatible brethren. Both have been despised and considered a ‘problem’ (often by the same groups of people), both are misunderstood, both experience discrimination and…

View original post 1,212 more words

Connected – but are we connecting?

As published in the European Newspaper of the Year, The Mayo News on Tuesday 11th November 2014 🙂

In recent weeks, Fr. Brendan Hoban, a prominent member of the Association of Catholic Priests, appealed to Irish Bishops to ignore a Vatican directive instructing priests to remain at the altar during the Sign of Peace ritual during Mass. Because of its position in the ceremony, right before Communion, it is suggested that the hustle and bustle of the handshake disrupts the spiritual preparation of those preparing to receive the Sacrament, and one assumes, those administering it. However, the directive, according to Fr. Hoban, could do “untold damage” to the church, by destroying a custom that is part and parcel of pastoral care. If implemented, it would mean that priests should desist from offering the sign of peace to newlywed couples and their loved ones and to grieving families during funeral ceremonies. We are told that the Church and the church community are one and the same, but this unfortunate directive would essentially serve to create another barrier between the clergy and the community. And that’s a shame – for both.

Plenty could be written about the coldness, the heavy-handedness of the Vatican, and the chasm that exists between its reality and the lived reality of the lives of ordinary church members (and many of the clergy, human beings themselves), but – you can breathe a sigh of relief – I’ll save that for another day. Rather, what struck me about the directive was the way it aims to create distance and establish barriers where really, the need to demolish them appears far more prudent and necessary.

Once upon another lifetime, an old friend elbowed me and whispered during the Sign of Peace at a wedding. “Look around you”, he said. “Everyone in the place is smiling.” Now, it should be said that the same fella had a tendency to prank you during the Sign of Peace by holding onto your hand like a vice grips and not releasing it until either it turned blue or you made an undignified show of yourself trying to shake him off, whichever happened first, but unnerving habits aside, he had a point. Just reaching out, looking someone else in the eye and shaking their hand had lifted the room and filled it with a new light. The simple act of connecting, wishing someone else well. Surely that’s something that should be encouraged, not dissuaded?

It’s a thought that’s stayed with me down the years, and particularly so as we evolve into more technology-dependent beings. We’re privileged enough to have multiple means of connecting and communicating, yet sometimes it feels like we’re retreating further and further from each other. Where once we might have written a note, picked up the phone or knocked on the neighbour’s door, we now communicate using SMS, email, Facebook. Instead of looking someone in the eye, we stare at a screen. Sure, technology makes the world so much smaller, it’s a godsend for those with loved ones far away, and it facilitates business interactions in a manner light years away from fax machines and hand-delivered memos.  The likes of Twitter also enables us to connect with people that would have been previously out of reach – people that might previously have only featured on CD covers, posters on our walls and our dreams –  but how meaningful are those connections?

It’s hard not to wonder if we’re becoming more reclusive – and dare I say, lazy – when it comes to those in closer proximity. When I was growing up, in true country childhood style, no-one called ahead to ask if they could visit. The very idea was scoffed at; they just turned up on the doorstep, often in substantial numbers. It was the norm, and it was actually quite nice, unless the host had no biscuits in the house. Now, we make appointments for face-to-face contact and book ourselves in like we would to the dentist’s chair. Running through my neighbourhood in Dublin recently, I couldn’t help but notice the proliferation of iron security gates outside houses. A safeguard, or a barrier? To me, I must admit, they say one thing loud and clear – “Keep your distance”.  The traditional Irish welcome now comes with a raft of terms and conditions, if you ever get to cross the threshold of your neighbour’s home. Indeed, how many of us living in suburbia can claim to even know their neighbours?  It’s not just in the home, though, it’s at work too – those of us working in open-plan offices will be no stranger to communicating via email with the person sitting next to us – to my embarrassment I’m frequently guilty of this crime against civility and common sense.

I can’t help wondering how this trend will continue into the future and to what extent communication technologies will develop, but one thing’s for certain. No matter how technologically advanced we become, no matter how independent, no matter how futuristic our communication tools, none of them will ever trump the power of a smile, a hug, a handshake at Mass or elsewhere, or a simple chat over a cup of tea. And biscuits only make it better.

Welcome to my new home

I’ve moved house. Kinda.

Currently straddling two platforms (ooh-err), An Cailín Rua will soon be a WordPress only site with its very own domain.

I’ve even set up a Facebook page, so give it a like if you’d like to be kept up to date with all the goings on over here. 

Thanks for reading, and please bear with me while I iron out teething problems (i.e. figure out how all this works).

Getting Comfortable.. with Cake*

So…. this is my new home. It’s all new and shiny here…

*pulls up a chair, kicks off shoes, pours a glass of wine*

For now, this is the kind of place that needs coasters, a good doormat and possibly even some dust sheets. But I’m sure it won’t be long before I’m putting my feet up on the table.

I should explain myself. I do the occasional piece of scribbling here and there, when the mood takes me. I had my own blog…. I managed to write five posts over the course of two years. Mostly about me, which wasn’t very interesting. (No really, it’s lovely of you to protes t … but it really was terribly dull.)

So when my lovely friend Kathryn (who can be found here) announced that she was setting up a writing project, I was happy to get on board, if not a tad apprehensive.

The Great Cake* Experiment involves 16 writer, each of whom had, at some point in the last while admitted to Kathryn that they wished to wrote more, or more often, or who had expressed an interest in starting a blog of their own. So Kathryn sent them all a mail suggesting this project with the following rules:

“Everyone who takes part in The Great Cake* Experiment pledges £5, to be collected at the end of the season.

At 4pm every Monday, Kathryn sends out a topic, word or phrase, and the writers then have one week to produce a blog post of any description.

When everyone’s posts are online, each one who contributed votes for their three favourite posts. After 12 weeks, the points are added up and the top three writers win everyone’s £5 – to spend on cake!

They don’t *have* to spend the winnings on cake, but really, it would be a crying shame if they didn’t.

So… this is my new blog, which will contain all my Cake* posts, and maybe a few other bits and pieces too.

Other Cake posts can be found here.

Looking forward to writing and reading with you all, Great Cake Experimenters.