"Rape shield ‘not doing what it is designed to do"
The new report by Rape Crisis Ireland draws on the experiences of those working in the courts. Dignity4Patients attended a symposium exploring the role of sexual history and counselling notes in sexual offence proceedings in Dublin.
01/10/2026 - RTÉ - [Ireland] - Image by Maynooth University Ireland's so-called 'rape shield' law is failing to protect complainants from being cross-examined about their sexual history, according to Rape Crisis Ireland.
The organisation is today launching an independent study which shows the law is "routinely failing" to stop complainants in sexual offence trials being questioned on their sexual history.
The report - titled 'What's Sex Got to Do with It? Sexual Experience Evidence in Irish Rape Trials' - draws on the experiences of those working in the courts.
It is the first qualitative study, drawing on 21 in-depth interviews with barristers, solicitors, policy specialists, court accompaniment workers and Legal Aid clerks.
In 2025, at least 39% of sexual offences trials involved an application to introduce evidence of the complainant's and cross examination on sexual history - a figure the report describes as "surprisingly high".
Findings and recommendations
The report says that although overt character attacks on complainants have declined, arguments for admitting this evidence continue to rely on the same discredited inferences the law was designed to exclude - that prior consent predicts later consent, and that a complainant's sexual history undermines their credibility.
Two groups face particular risk of intrusive cross-examination - adults who were in a relationship with the accused, and child or adolescent complainants.
Child adolescent complainants are often questioned about matters as far removed from the offence as social media use or accessing pornography.
Section 3 applications are frequently made with little notice, sometimes on the first day of trial, limiting complainants' ability to engage with the process and placing pressure on the Legal Aid Board to source a Separate Legal Representative (SLR) at short notice.
The quality and experience of SLRs - who represent the complainant's interests at these hearings - varies considerably.
The report calls for section 3 to be repealed and replaced with a new, more tightly defined provision, alongside procedural reforms including written notice requirements and a right for SLRs to access the application and underlying evidence.
It also calls for mandatory written reasons for court decisions, a dedicated Legal Aid Board panel of experienced barristers for the SLR role, and ongoing specialist training for both SLRs and the judiciary.
Rape shield 'not doing what it was designed to do'
The author of the report, Associate Professor Law at Maynooth University Dr Sinéad Ring, said that the law is not doing what it was designed to do.
"Complainants are still being asked about their sexual history in ways that rely on outdated and discredited assumptions about what a 'real' rape victim looks like," she said.
"The law needs to change, but so does how relevance is understood and argued in these applications." "Dr Ring's report gives us, for the first time, an evidence-based picture of how the rape shield actually operates in Irish courtrooms," said Dr Clíona Saidléar, Executive Director of Rape Crisis Ireland.
"It confirms what survivors have long told us: that going through the criminal justice system can mean having their private lives put on trial alongside the accused.
"It is also perversely acting to reinstate sexist rape myths long discredited.
"RCI will be using these findings to press for the legislative and procedural reforms survivors deserve," Ms Saidléar added.
The research will be launched by Ms Justice Úna Ní Raifeartaigh, Judge at the European Court of Human Rights, at an RCI symposium in the Criminal Courts of Justice this evening. If you have been affected by the issues raised in this article, support is available.
If you have previously used our service, we encourage you to get in touch again for support.
We also welcome contact from anyone who wishes to participate in an inquiry process, including individuals with relevant information, whether or not they are victims.
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Contact the team by phone on 041 984 3730 or text 086 165 4111.
Dignity4Patients Commentary: DIGNITY4PATIENTS attended ‘The Relevance Test in Practice: Evidence, Justice and Survivors’ Rights’, a symposium hosted by Rape Crisis Ireland in Dublin last Thursday. The event highlighted important research and concerns around the “rape shield law”, relating to a complainant’s past sexual history or sexual predisposition in sexual offence trials. For victims and survivors of sexual abuse, seeking justice should not mean having their private lives unnecessarily placed under scrutiny. We welcome this important discussion and the continued focus on ensuring that survivors’ dignity, privacy and rights are protected throughout the justice process.
