Read the DPP’s Reply Here: REPLY to Right to Equality 27.11.2024
To: Catherine Pierse, Director of Public Prosecutions of Ireland
Dear Director Pierse,
We are writing to express our deep dismay at the decision of your office, in 2020, under the guidance of former DPP Claire Loftus, not to prosecute Conor McGregor and James Lawrence for the alleged assault and rape of Ms Nikita Hand. The recent news that a jury at a civil trial at Ireland’s High Court has found Mr McGregor assaulted Ms Hand will, we believe, profoundly impact the confidence that victim-survivors of rape and sexual abuse will have in the criminal justice system in Ireland.
The reasons provided in your correspondences as to why you chose not to charge in this case, as quoted in media reports, raise questions about your commitment to impartially uphold and apply the definition of consent under section 48 of the Criminal Law (Sexual Offences) Act 2017. The rationale which cites Ms Hand’s inability to recall ‘having intercourse’’ with one of the suspects, i.e. Ms Hand’s rape and assault allegations, and ‘the amount of alcohol and drugs’ she had consumed appears contrary to section 9(2)(c) of the Criminal Law (Sexual Offences) Act 2017 which says that a person cannot consent “if he or she is incapable of consenting because of the effect of alcohol or some other drug”. This is a cornerstone of modern legal understandings of consent, without which rapists who target intoxicated victims can offend with impunity. Your decision not to prosecute Mr McGregor on this basis suggests that victims of intoxication-related rape and sexual offences are disadvantaged in the criminal justice process in Ireland.
From what has been reported regarding your decision not to charge, we agree with Ms Hand that it can be deduced that the perpetrator’s status, influence and wealth have influenced your decision not to proceed to court. We are concerned that Conor McGregor’s celebrity status may have led your prosecutors to place undue focus on the ‘weaknesses’ of the case based on rape myths and the victim’s credibility instead of building a case based on the strengths of the medical evidence and her testimony. Your failure to charge in this case perpetuates the perception, shared by many, that in cases where the rich and powerful are the accused, authorities in the criminal justice system fail to uphold the protections of ordinary citizens under the law. It especially undermines the confidence of victim-survivors of gender-based violence and abuse, who are already highly unlikely to report their experiences to authorities.
We urge your office to commission an independent review of the DPP’s prosecutorial guidelines and their application in sexual offences cases to ensure that cases involving high-profile defendants and/or drug or alcohol facilitated sexual assault are handled appropriately and in accordance with the law.
The courage displayed by Ms Hand should not be in vain. It is imperative that your office sends a strong message that survivors of sexual assault will be treated with respect and dignity when they come forward to report sexual offences and that their case will be reviewed fairly and without bias, regardless of who the perpetrator may be.
We hope for your urgent response to these concerns and for tangible action to restore faith in the criminal justice system for victims and survivors of sexual offences in Ireland.
In Commitment to Justice,
Right to Equality