OPINION: Demanding action not platitudes

The country is up in arms over the suspended sentence doled out to soldier Cathal Crotty for his violent assault of Natasha O’Brien. Twenty-four-year-old Natasha, meanwhile, is criticising not just the sentence itself, but the manner in which it was dispensed, the reasons given to justify it, and the insensitivity with which her case was handled by Judge Tom O’Donnell.
In recent days, she has led an incredibly impressive, commendable and articulate campaign to change how victims are treated in courts, describing how her own treatment retraumatised her.
It can be argued – based not just on Natasha’s case, but on countless others too – that the State, by means of the judicial system, further abuses victims of violent crimes by treating them insensitively and with hostility, and by lenient sentencing which does nothing to condemn or deter such crimes. The case has also shone a light, once again, on the epidemic of violence against women that taints our society, and how the judiciary can heap more hurt upon victims.
I vividly remember, back in 1993, when Lavinia Kerwick became the first victim of rape in Ireland to waive her anonymity, after her then boyfriend William Conry raped her on a night out. I also remember an older male relative at the time suggesting that because of what Lavinia had been wearing at the time, and the time and location of the attack, that she was somehow complicit in her own rape. Even as a child, I knew enough to be outraged at this insinuation.
Lavinia was an incredibly brave woman who moved mountains in Ireland at huge personal cost and to whom we owe a huge debt of gratitude. Last week, Lavinia criticised the leniency of Crotty’s sentence, stating it was “like history repeating itself”.
Rightly, nobody apart from the very worst of anonymous internet trolls, is blaming Natasha for the horrific assault she endured. Yet still, female victims of rape and sexual violence are frequently implicated in their own assaults and 31 years after Lavinia Kerwick took a stand, men are still being handed suspended sentences for the most horrific of violent acts against women.
Why do we remain so dehumanised, seen as of so little worth, by male judges? And what can be done about it?
I repeat a call I have made in this column several times over the past decade, to men. It may make for uncomfortable reading, but if you are reading, you need to step up and take action, and you really need to stop taking offense at being asked.
Several protests have been held around the country in recent days, and the lack of men in the crowds has been notable. In the online discourse, men have been presented with a plea to consider how they might react if it were their own wife, sister or daughter in this scenario. Nonsense – women deserve to be considered in our own right, rather than as a man’s female relation.
I am asking every man reading this column to ask themselves whether they believe that any and every woman should be entitled to walk safely down the street, at any time of day or night – something not a single woman I know would claim to feel – and if you agree that they should, then you really need to start doing something about it.
You can listen to women. You can vote for us. You can challenge sexism and misogyny and educate your sons. You could stand alongside us and call out injustice where you see it, and demand changes to the judiciary system on our behalf from our predominantly male elected representatives. Because the sad fact of the matter is, men still hold the balance of power in Ireland, and men listen to other men. Natasha O’Brien has told lawmakers and judges around the country to “do better” in respect of sentencing laws for serious crimes. The fact of the matter is that men need to do better, full stop.
Solicitor Sarah Ryan, who represented Crotty in the court case, last week spoke in support of Judge Tom O’Donnell on the day of his (unrelated) retirement, describing him as “an inherently decent, polite and conscientious man” who had attended to the work of the court “with the highest standards of professionalism, integrity, patience and fairness.” This may well be the case, but evidence showing that the same judge has dispensed several other such lenient sentences in recent years calls into question either his professional judgement, the judicial system, or both.
There is certainly no disputing the lack of empathy displayed in the case of Natasha O’Brien, and at the very least, she deserves apology, but that is not enough. It is nowhere near enough. Like Lavinia Kerwick, she is laying her trauma bare for the world to see, in the hope that other women will not have to go through what she has gone through.
Women are sick and tired of hearing “never again” platitudes from politicians. It’s always “never again” – until it happens again. Three decades after Lavinia spoke up, what has changed in the courts?
If Minister Helen McEntee and Taoiseach Simon Harris follow through on their vows to ensure changes are made this time around, brave Natasha O’Brien, speaking truth to power, will have achieved nothing short of a miracle. But I, for one, am deeply grateful to her for trying.