1. Before Reporting to the Police
2. Making a Police Statement
3. Initiation of Legal Proceedings
4. Court Proceedings
5. After the Verdict
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1. Before Reporting to the Police
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A. Consult a Counsel!
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If a sex worker becomes a victim of violence or trafficking in women, the police may be interested in her statements as a victim or as a witness – for instance against the perpetrator(s) of trafficking in women, against persons who have brought her into the country or to whom she has had to give part of her earnings.
However, women who work as sex workers without the appropriate residence permit and/or without the appropriate work permit are committing an offence (for further information see Sex Work and Prosecution).
In this case the woman is – as far as the police is concerned – both the victim of a crime and the accused of another crime.
She should therefore always seek advice before going to the police. In some cities advisory centres exist and offer confidential advice.
Advisory centres will not forward information regarding the woman, her name and address, to the police or aliens authorities. The advice is therefore always confidential.
If the woman decides to go to the police, she must be aware that she will have to give a statement not only to the police but also to the prosecuting attorney and in court. Once a woman has notified the police of a crime she cannot give a notice of revocation but may be obliged to testify throughout the legal proceedings. These proceedings may take a long time to come to a conclusion. |
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B. Confidential Legal Advice
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| Some advisory centres (Woman’s Aid, Ruhama, FLAC – the Free Legal Advice Centres, the Immigrant Council of Ireland) give advice which is free of charge. They also can arrange contact with specialist lawyers. |
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C. Confidential Medical Examination
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| In Ireland the woman who became the victim of a crime cannot demand a confidential, specialised medical examination. However, a medical examination can be very important in order to document injuries and evidence of any crime committed against the woman. (For general medical fees see Social Security/Health Insurance). |
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D. Police and Justice Prejudices against Prostitutes
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There is a special department within the Gardai trained to interview and assist women who became victims of violence (The Gardai have a Sexual Assault and Domestic Violence Unit). The Unit is based in Dublin but operates nationally. To contact the Unit women who have become victims of sexual assault or domestic violence may contact the local Garda Station and will then be referred to the Unit.
In addition, the woman may always say that she would rather speak with a female officer. Normally such request will be entertained.
Nowadays it is rare for violent and/or sexual crimes against sex workers to be inadequately investigated because of prejudices on the part of police, public prosecutors and judges. All large towns have specialist police departments for the examination of victims of sexual crimes. In addition, the woman may always say she would rather speak with a female officer.Rape and crimes of violence committed against sex workers are difficult to prove in court and to obtain convictions because of the nature of the victim’s working circumstances. But there have been a significant number of successful convictions over the last years. Police no longer dismiss reports of crimes against sex workers.However, a sex worker reporting a crime committed against her in the course of her work will always risk also being investigated and/or prosecuted in relation to her activities as a sex worker. |
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E. Trafficking in Women
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| 1. Trafficking in Women is…. |
the recruitment, transportation, transfer harbouring, subsequent reception of a person, including exchange or transfer of control over that person, where:
- use is made of coercion, force or threat, including abduction, or
- use is made of deceit or fraud, or
- there is an abuse of authority or of a position of vulnerability, which is such that the person has no real and acceptable alternative but to submit to the abuse involved, or
- payments or benefits are given or received to achieve the consent of a person having control over another person
for the purpose of that person’s labour or services, including at least forced or compulsory labour or services, slavery or practices similar to servitude, or
for the purpose of the exploitation or the prostitution of others or other forms of sexual exploitation, including pornography.
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| In the above instance it is irrelevant whether the woman previously worked as a sex worker or whether she was willing to work as a sex worker because she was misinformed about work conditions and earnings.
In Ireland, the special criminal offence is in section 2 (1) of the Illegal Immigrants Act, 2000. It is called “Trafficking”. |
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| Irish law currently provides for another definition of ‘trafficking’ in the Child Trafficking and Pornography Act, 1998 which only applies in a situation where a minor has been trafficked. That Act provides in Section 3 (1) that:
Any person who organises or knowingly facilitates
- the entry into, transit through or exit from the State of a child for the purpose of his or her sexual exploitation, or
- the provision of accommodation for a child for such a purpose while in the State,
shall be guilty of an offence and shall be liable on conviction or indictment to imprisonment for life.
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| 2. Special Rights for Victims of Trafficking |
Women who have become victims of trafficking have no special rights. The law does not provide any statutory right to a residence permit or any other form of protection for victims of trafficking.
However, in individual cases it is possible for trafficked women to obtain a temporary residence permit through negotiations with the Garda National Immigration Bureau and the Department of Justice, Equality & Law Reform.
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2. Making a Police Statement
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| If the authorities find out that a woman has been the victim of a crime she will be asked to make a statement in the police station. The crime victim is also a witness to the crime and can testify against the offending person – for example the instance against perpetrators of trafficking in women or against persons who have brought her into the country or to whom she has had to give part of her earnings. |
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Please note:
Any woman who works without the appropriate residence and work permits commits a crime. She may then become an accused party.
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A. Obligation to Testify
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| Any victim of crime who has reported the crime and has made a statement to the police is obliged to testify. |
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B. Female Officer
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| If the woman makes a statement, she is not entitled to be interviewed by a female officer. Although there is no statutory right, she should ask to be questioned by a female officer. Normally such a request would be entertained. |
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C. Translator
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The woman is entitled to the services of a translator into her own language. If she feels unable to trust the translator, she is not entitled to refuse him or her. In this case she can leave the police station.
There are no legal consequences of leaving the station in such a situation but the woman may be officially summonsed to give evidence and would then not be able to evade that summons. |
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D. Lawyer
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| She is not entitled to refuse to answer except in the presence of her lawyer. However, she should ask for her lawyer to be present. This request will normally be entertained. |
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Hint: Memorise a lawyer’s telephone number!
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E. Trusted Person
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| The woman is not entitled to the presence of a trusted person (e.g. a female friend or advisor) at the questioning. However, she should ask for her lawyer to be present. This request will normally be entertained. |
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F. No Custody
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| As a witness, the woman cannot be held in police custody. |
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G. No Special Rights for Trafficked Women
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| Even if the woman’s statement or other evidence leads the police to believe that she may have been a victim of trafficking in women (Definition see above), in Ireland she has no special rights. |
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| 1. No Consideration Period |
The woman is not entitled to a short term residence permit to enable her to consider giving evidence as a witness against her perpetrator(s) in court proceedings. After she has made a statement at the police station, she is obliged to give evidence in court if proceedings are initiated.
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| 2. Right to Residency |
If the woman gives evidence, she is not automatically granted a residence permit.
However, in individual cases it is possible for women to obtain a temporary residence permit though negotiations with the Garda National Immigration Bureau and the Department of Justice, Equality & Law Reform. In this case she may be permitted to remain in Ireland on humanitarian or ‘atypical’ grounds or because the Gardaí may want her to remain so that she can act as a witness in the prosecution of the trafficker(s).
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| 2. Advice and Support |
If the woman acts as a witness she may obtain advice and support from a non-state advisory centre.
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| a) Accommodation and Help |
Advisory centres will give information about support (e.g. accommodation, food and clothing) for victims of trafficking.
If the woman is allowed to remain in an individual case, she would be entitled to the relevant welfare benefits to which Irish citizens are entitled. This includes accommodation (rent allowance paid to the landlord) and maintenance (food, clothing etc. as general supplementary welfare benefits – payable by cheque which can be cashed, or bank transfer). She will also be able to obtain medical and psychological treatment (through the medical card scheme for necessary treatment). The woman is entitled to choose from doctors participating in the medical card scheme.
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| b) Legal Advice |
Advisory centres may put the woman in contact with a lawyer to inform her of her rights.
The only free legal service provided directly by any of the organisations listed in this document is the service provided by FLAC. FLAC (Free Legal Advice Centres) employ solicitors, however they have a very limited capacity.
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| c) (No) Criminal Proceedings Against the Victim/Witness |
Even though the women is the victim or witness of a crime, the authorities are not prevented from prosecuting crimes of offences that were committed by the woman, e.g. working without an adequate work permit or illegal residence.
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3. Initiation of Legal Proceedings
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| After the initial questioning of the woman and other witnesses, the State agency (Director of Public Prosecution (DPP)) decides whether to initiate legal proceedings against the perpetrator(s). The prosecution is made by the Gardai with the consent of the DPP. During these proceedings, the woman is obliged to give evidence against the perpetrator(s) as a victim / witness. |
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A. Duration of Legal Proceedings
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Often a long time passes between the woman’s first hearing as a witness, the beginning of legal proceedings and her statement as a witness. This is because proceedings relating to trafficking in human beings or similar offences are often large-scale processes involving many accused parties.
We do not know of any such prosecutions in Ireland so far. Therefore it is impossible to give an indication of the approximate time such proceedings would take. |
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B. Trafficked Women
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| 1. Right to Residency |
There is no entitlement to receive a residence permit during the legal proceedings. It depends on the discretion of the authorities in the individual case to grant the woman a temporary residence permit on humanitarian grounds or because the Gardai would like her to remain so that she can act as a witness in the prosecution of the traffickers.
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| 2. Living Conditions |
| a) Care Programmes at |
Advisory centres will give information about support (e.g. accommodation, food and clothing) for victims of trafficking.
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| b) Police Protection Schemes |
In Ireland there is a possibility of ad hoc non-statutory witness protection. Moreover, security in a general sense would have to be provided for any person at risk.
There are no further special provisions for victims of trafficking in penal proceedings.
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| c) Social Benefits, Accommodation, Language Courses |
If the woman is allowed to remain in an individual case, she would be entitled to the relevant welfare benefits to which Irish citizens are entitled. This includes accommodation (rent allowance paid to the landlord) and maintenance (food, clothing etc. as general supplementary welfare benefits – payable by cheque which can be cashed, or bank transfer). She will also be able to obtain medical and psychological treatment (through the medical card scheme for necessary treatment). The woman is entitled to choose from doctors participating in the medical card scheme.
The woman will not be entitled to participate in training if she is only temporarily allowed to remain without the right to work.
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| d) Work |
During the proceedings the woman will not be allowed to work, unless she has been given permission to remain on humanitarian grounds (pursuant to Section 3 (6) of Immigration Act, 1999 as amended if, for example, she has suffered severely or cannot be returned to her country of origin without significant risk).
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| 3. No Choice to Appear as a Witness or Civil Party |
| In Ireland a woman who has become the victim of a crime can only act as a witness in criminal proceedings but cannot initiate proceedings in her own right. |
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| a) Role as a Witness |
1. Limited to the Giving of Evidence as Witness
As a witness, the woman is only invited to the Court hearing in this capacity. She may attend previous and subsequent parts of the trial but is not entitled to access to prosecution files and is not informed about the course of the proceedings, nor is she able to influence these.
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2. Lawyer
Usually the witness is not entitled to be represented by a lawyer in the trial. The only area in which a victim is entitled to legal aid and legal representation is the case of serious sexual assault. If the defence applies to cross-examine her on her previous sexual history she may obtain a lawyer for that particular part of the proceedings.
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3. Fees
If the defence applies to cross-examine her on her previous sexual history she may obtain a lawyer for that particular part of the proceedings. In this case legal aid is available.
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| b) No Rights as a Civil Party / Joint Plaintiff |
There is no procedural status other than acting solely as a witness in the proceedings. Therefore the woman will not have the right to monitor the full proceedings or full access to records or full rights to make applications in the proceedings.
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4. Court Proceedings
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A. Duration of Court Proceedings
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Proceedings relating to trafficking in human beings and similar crimes are often long-winded, large-scale processes. Many details have to be dealt with and often many accused parties are prosecuted at once.
It is not possible to give an indication of the approximate time such proceedings would take, because there have not been any such prosecutions in Ireland yet. |
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B. A Witness Gives Evidence
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| 1. Duration |
The statement is given either in the course of one day or over several days. Occasionally, the witness may also be asked to attend a second time later in the proceedings because new questions concerning her have arisen.
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| 2. Questions |
Questions are put to the witness by the public prosecution, the defence and, under the above-mentioned circumstances, by her own lawyer.
In criminal cases evidence to the Court is given under oath. Giving false evidence under oath constitutes the crime of perjury and although prosecutions and convictions for perjury are relatively rare they still constitute a deterrent.
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| 3. Obligation to Testify / Right to Remain Silent |
The witness must answer questions truthfully and omit nothing; otherwise she risks criminal action against her on grounds of perjury/false testimony/obstructing the course of justice. However, she may remain silent on anything that incriminates herself or her spouse. However, it is possible for the witness to state that she does not remember certain things if that is the case.
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| 4. Lawyer |
Usually the witness is not entitled to be represented by a lawyer in the proceedings. The only area in which a victim is entitled to legal aid and legal representation is the case of serious sexual assault. If the defence applies to cross-examine her on her previous sexual history, she may obtain a lawyer for that particular part of the proceedings.
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| 5. Translator |
The witness is entitled to the services of a translator in her own language. If she feels unable to trust the translator, there is no entitlement to refuse her/him, unless it can be shown that the translator translates incorrectly or influences the witness in any way.
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C. Protection of the Witness
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| 1. Police Protection |
In Ireland there is no special police protection for witnesses. Ordinary protection is available in the same way as for any other citizen/resident, i.e. perpetrators may be prosecuted for harassment and physical attacks. There is a non-statutory witness protection programme which is only utilised in exceptional cases.
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| 2. Right to Give Evidence in a Non-Public Hearing |
The public can be excluded from proceedings in serious sexual assault trials (including rape). In this cases the proceeding will be held in camera. Also the press may be present.
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| 3. Giving Evidence by Video |
In cases involving serious violence / sexual assault (including rape) the evidence may be given by video link, with the Court’s permission.
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| 4. Ban on Soliciting Certain Evidence |
There could be a ban put on certain evidence. This ban is not total, but the defence has to show the relevance of the evidence before it may be allowed.
If the question will be allowed, the witness will be entitled to legal aid and legal representation.
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D. Compensation for the Victim
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| 1. From the Perpetrator |
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| a) During Criminal Proceedings |
The victim may already make claims for damages and compensation during the criminal proceedings (“adhesive procedure”)
Advice can be provided by organisations such as FLAC, Women’s Aid, Ruhama (see Advisory Centres) and
Victim Support
Haliday House
32 Arran Quay
IRL-Dublin 7
Fon +353-(0)1 878 08 70
Email info@victimsupport.ie
In some cases she may be granted compensation (pursuant to Section 6 of the Criminal Justice Act, 1993).
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| b) During Civil Proceedings |
The woman may also make her claims parallel to the criminal proceedings or afterwards before the civil court.
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| 2. From The State |
If compensation from the accused is not forthcoming, the victim is entitled to compensation from the State. This is limited to pecuniary loss only (e.g. medical expenses). Such claim must be made within six months from the date of the offence having been committed.
The woman has to convince the Tribunal that she has suffered pecuniary loss due to the offence committed by the offender. It would be useful to submit receipts for goods replaced or repaired and/or medical bills.
Claims are administered through the Criminal Injuries Compensation Tribunal, a non-statutory body. Payments are ex gratia (i.e. there is no legal obligation on the State to provide them).
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E. Trafficked Women
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| The same rules apply to women’s residence permits, living conditions and rights during court proceedings as stated above under Initiation of Legal Proceedings. |
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5. After the Verdict
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A. Right to Residence
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In Ireland there is no entitlement in law for a victim of trafficking in women to receive a residence permit after the verdict.
However, in individual cases it is possible to obtain a temporary residence permits through negotiations with the Garda National Immigration Bureau and the Department of Justice, Equality & Law Reform.If a woman is at risk of persecution from the people involved in her being trafficked to Ireland and if the authorities of her country of origin are unable to protect her from that risk, she may qualify for refugee status.Applications for refugee status may be lodged with the:
Office of the Refugee Applications Commissioner
79-83 Lower Mount Street
IRL-Dublin 2Fon +353-(0)1 602 80 00Applications may also be made to the Immigration Division of the Department of Justice, Equality & Law Reform for permission to remain on ‘atypical grounds’. However, there is no established procedure for this kind of application and decisions are made purely on a case-by-case basis. Permits granted on ‘atypical grounds’ are generally valid for a maximum period of 12 months. If threatened with deportation, a woman may make a further application for temporary permission to remain on what is generally referred to as ‘humanitarian grounds’ pursuant to Section 3 (6) of the Immigration Act, 1999 as amended. This is a temporary permit, which is not issued for periods exceeding 12 months. |
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B. Support for Leaving the Country
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| 1. Travel Costs |
If the woman has no means of her own, she is not entitled to public benefits for travel costs or the costs of visa and documents. However, she may apply for assistance to individuals who wish to return to their country of origin provided by the International Organisation for Migration (IOM) info@iomdublin.org.
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| 2. Help With Setting Up |
In Ireland, only limited means are available to help the woman set up in her country of origin. The IOM provides assistance in the form of information, assistance with documentation, travel arrangements, assistance at departure in Ireland, in transit and upon arrival. The assistance provided by IOM upon arrival will be tailored to the specific needs of clients and may include, amongst others, vocational training and job placements for adults, education and language courses for children, provision of information and referral to other services.
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| 3. Contacts |
International Organisation for Migration (IOM)
7, Hill Street
IRL-Dublin 1
Fon +353-(0)1 878 79 00
Email info@iomdublin.org
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