The #MeToo on Twitter, and the discussion in the wider world of sexual abuse, sexual assault sexual harassment, rape, grooming and other offences of a sexual nature is providing a climate where those who have not previously spoken about their experiences, to do so.
One of the things that has bothered me, though, is the number of people (predominantly men), who simply say things like ‘then go to the police / Gardaí’, and ‘he hasn’t been convicted, so….presumption of innocence’. As if it is that simple. As if reporting a sexual assault to the police or the Gardaí is as simple, or as easy as telling a woman (or a man) to do so. God bless the privilege of the people who say this. God bless their innocence. Reporting a crime – particularly one of such a highly personal nature – to the Gardaí is no easy thing to do. (At this point, I must say that I have never been treated with anything but kindness and professional understanding by members of An Garda Siochana).
Yet, the smug ‘just report it’ crowd seem to believe that going to the Gardaí and making a full and detailed report of a sexual assault is as easy and straightforward – and that the results are as swift – as telling Mammy, or going to the teacher in a primary school classroom. Sadly, that isn’t the case. Apart, altogether, from the harrowing experience of going to the Gardaí in the first place, and making a full and frank statement; providing details of a very distressing event – an event that was visited upon your person, an event that was visited upon the most private parts of your person, an event that was visited upon your psyche, an event that will forever change you isn’t easy.
Even if a person does manage to find the strength to do all that, they then have to face the rest of what the smug ‘just report it’ crowd refer to as ‘due process’. Due process is the idea that a person will get a fair trial in front of an impartial judge. The ‘just report it’ crowd also seem to think that anyone who commits a crime, and whose crime is reported and investigated, and against whom evidence is gathered, will automatically appear before a judge and be found guilty. Until and unless that happens, they feel that no truths should be told, no allegations uttered, no solidarity of and with, victims shown publicly.
In an ideal world, a person who commits a crime, and whose crime is reported and investigated, and against whom evidence is gathered, would automatically appear before a judge, and be found guilty. We don’t, unfortunately, live in an ideal world.
Then, there is ‘due process’ that the smug ‘just report it’ crowd clamour for. Broadly, this means that a file is prepared by the gardaí who have conducted the investigation. The superintendent in the station then sends the file to the Director of Public Prosecutions (DPP). The DPP then decides whether or not to proceed with the case, and bring it to trial.
Now, here’s the thing that you may, or may not, know. Here’s the thing that the ‘just report it’ gang clearly don’t know (or want to admit). The DPP doesn’t decide to proceed to trial based on the evidence. The DPP doesn’t decide to proceed to trial based on whether or not they personally believe the crime, as described, occurred. The DPP bases her decision on whether or not they are reasonably confident that they will secure a conviction. In other words, the DPP will only allow a case to proceed to trial if she thinks it makes financial sense. The decision, therefore, to prosecute is based, not on legal, as much as on economic considerations.
Looking at the crime of sexual assault, the DPP deciding not to prosecute doesn’t mean the man is innocent. Nor does it mean that the woman is a liar. It doesn’t mean that there is a lack of evidence. Nor does it mean that the evidence is unconvincing. What is means is that the DPP doesn’t think that a jury will convict the man in spite of the evidence, in spite of the recommendation of the Superintendent at the investigating Garda station. Sometimes, the DPP will decide not to prosecute even though a confession has been provided to the Gardaí. (This isn’t far-fetched; it happened to me in the case of my father, Christy Talbot.)
In some cases, like the case of my brother, Cormac Talbot, the DPP will decide not to prosecute because, frankly, the cost of flying him back from France to be prosecuted for historical sexual abuse, including digital, oral, anal, and vaginal rape is not worth it. In spite of the evidence. Cormac, living in the South of France, is no longer a danger to the Irish public, so the decision was made to leave him where he is.
Sometimes, people aren’t prosecuted because they are unwell. As in the case of my brother, Nigel Talbot, who claims partial memory-loss on account of his brain tumour.
The fact that someone hasn’t been prosecuted, and found guilty in a court of law doesn’t mean they’re innocent. Worse, it doesn’t mean that they are no longer abusing women and / or children.
Others have contacted me privately to let me know that they were abused by my brothers. If you were, too, please feel free to contact me in confidence.
If this post was difficult for you to read because of your own experiences, please remember that the following agencies have phonelines, which are staffed 24/7:
Rape Crisis Centre: 1800 778888
Samaritans: 116 123
Pieta House: 1800 247 247