'I have been quiet for seven years, and now for the rest of my life I will not be quiet'

A Derry survivor of sexual assault has spoken about the need to change the treatment of the victims and the manner in which it is investigated.

Derry woman, Mary (not her real name) finally received ‘her justice’ seven years after the night she was the victim of sexual assault.

Paul Bryan (63) of The Bungalow, Newtowncunningham in County Donegal has been sentenced to four years on Monday, with half of that to be served in custody and half on licence after he admitted the two charges that occurred on October 22, 2017.

Mary believes there needs to be more done to help victims come forward.

She said: “The day after the assault, I was on an autopsy table being swabbed. It feels that for victims it is completely traumatic; you say the care is there, but it just isn’t.

“I wasn’t going to come forward; the only reason I came forward was that I was covered in DNA evidence.

“When you are assaulted, it is not just a little statement and they cut your nails; you are put on an autopsy table; you are swabbed; there are people in white suits around you. You are alive, but you feel like you are dead on this autopsy table.

“If you don’t have DNA or proof, it then becomes his word against hers.

“I have been quiet for seven years, and now for the rest of my life I will not be quiet as there needs to be changes in the legal system for victims and defendants.”

Judge Neil Rafferty KC apologised for the delay in the case and said he understood how that had put a hold on her life.

Mary said that a delay in the case needs to change, as victims cannot begin to move on with their lives until the case has been settled, and victims may drop the case due to the length it takes to receive justice.

She said: “I have gone through this ordeal, not just for my justice but to show others that have been victims and not gone through this long process, that we can get justice.

“I wanted to drop the case many times. My family also wanted me to drop the case—not that they didn’t believe me, but the fact that they were heartbroken seeing me go through this.”

Mary believes the legal system doesn’t do enough to help the victims throughout the legal process and wants to see a change of the system.

She said: “The funding and the recognition are not there, but also the victim blaming. So many people say ‘that wouldn’t really have happened,’ and for me, I was given a few leaflets and a number to contact, and on my first appearance at the counsellors office, the first thing they told me was that the judge and the defence will have access to all the notes, so for the last seven years I have had to not talk about the assault in fear that the defence can use what I said to premeditate a story in his defence.

“For one that needs to change. It is a criminal offence to publish anyone's name who has anonymity, so why should a counselling session be used for the defence whereas I will never be allowed to see the defence’s counsel notes? It just doesn’t make sense.

“I think we need a system set up, not just counselling, that when someone has been assaulted, it is almost like that crisis team that you have a good two-week check-in, as you don’t know how to grasp it or battle it, and you can’t talk to your family.

“Even though I am quite close with my family, talking to your child about an assault as severe as that is unimaginable, and although you get the support, I think we need people who are versed in this to be dealing with the victims, not just taking the evidence.”

While Mary hopes that these changes can help other victims come forward, she wants to demonstrate that normal life can continue after becoming a survivor.

She said: “All I did was go on a work night out.

“Horrible things can happen, but you can’t let it stop you from achieving things in your life. I went back to school to complete my A-levels, and now I am back studying at university.

“Other survivors need to know that they will be okay; they are not the ones on trial, and it might feel like it, and that is why we need to change the system.”

Bryan was ordered to sign the Sex Offender's Register for a period of 10 years, and a Sexual Offences Prevention Order was imposed for the same period.

However, the general public does not have access to the UK's sex offenders register, apart from requesting through Sarah’s Law for information about people who may pose a risk to children.

Mary has launched an online petition to bring a change to the legal system regarding this, to expedite criminals in sexually motivated crimes and to ensure all taxi/private transport have CCTV/dashcam.

Detective Constable Buchanan from the Police Service of Northern Ireland’s Public Protection Branch said: “Paul Bryan took advantage of a vulnerable young woman who became separated from her friends, when she was trying to get home safely in his taxi in Derry in October 2017.

“This was a complex investigation and we would like to thank our colleagues at An Garda Síochána for their efforts and support with this case. I would also like to commend the survivor in this case for her bravery in reporting this incident to Police.

“The PSNI takes all reports of sexual assault seriously, and we urge anyone who has ever been the victim of sexual abuse to come forward and report it, regardless of where, or when it happened, safe in the knowledge that they will be treated with respect and dignity. Report to Police on 101 or in an emergency always dial 999.”