Cork sexual abuse campaigner says proposed spiking bill is ‘unworkable'

Irish Independent

09-05-2025

Mary Crilly says a bill being sent to Government isn't fit for purpose
Garda figures show that 90% of spiking victims were female. Photo: Inga Seliverstova
The 'Non-Fatal Offences against the Person (Amendment) (Spiking) Bill 2023, aims to specifically target anyone who spikes someone else and 'where the perpetrator intends to overpower or sedate the person, to engage in a sexual act, cause harm, make a gain or cause a loss, or otherwise commit an offence.'
The bill would make spiking a standalone criminal offence, carrying a maximum sentence of up to 10 years if passed by Dáil Éireann. It was last in debate in October 2023.
However, a leading Cork sexual health campaigner says the burden of proof in trying to use the bill as part of a criminal case would be unworkable, particularly given the shortfall in testing for spiking in the country.
'There needs to be legislation on spiking, because it's a serious problem,' said Mary Crilly, founder and CEO of the Sexual Violence Centre in Cork.
'But I think what they're proposing is unworkable, it's ridiculous, if it's just looking at spiking in the case where someone might get raped, might get assaulted or might get abused, which is extremely hard to prove, and doesn't take into account those just doing it 'for a laugh'.'
'We've had so many calls in from people who have been spiked, some of them are not a precursor to sexual assault, you hear stories from people all the time. There's also no testing for victims. As far as I'm concerned, tests in the chemists, you might as well save your money, because they only test for a couple of things.
Mary Crilly was awarded the Freedom of the City in 2022. Photo: Michael O'Sullivan
'We are working with UCC to try and get testing for victims in the future. The Emergency Department are interested in keeping you alive, which is their role, and they do it extremely well, but for someone who wakes up the next day and doesn't want to make a fuss that night, we are trying to develop testing.
'In fairness to the forensic unit in the Gardaí, they can only test if a criminal case is coming on because they're so up the walls, so that's why a lot of things don't get tested.
'I appreciate that Young Fine Gael are doing this, but this particular legislation in the way it's worded, isn't workable.'
'The previous national executive drafted this in 2023, and it had gone through all the levels of the Seanad before the elections. It's now being put through as private members' business to the Dáil,' explained Bebhinn Lombard, current Munster Regional Organiser for Young Fine Gael, who says they have set a clear timeline for it to be brought into law.
'We want it in before Freshers Week, which is a massive week for spiking, and it's when it picks up as well.
'Sexual assault is the worst form of it, so it's trying to tackle it that way.'
In Ireland, 33% of spiking incidents reported to Gardaí between 2020 and 2023 were related to sexual assaults, making up less than 1% of all sexual assaults reported to forces in the same period. 40% of spiking incidents reported to Gardaí were listed as poisoning incidents. Starkly, almost 90% of victims were females, according to the report.
Crilly believes that targeting the existing legislation should be looked at to try and prosecute those who engage in spiking, regardless of the motive.
'If we look at legislation around poisoning, and there is legislation around poisoning, and see how that can be amended instead of deciding that people are only getting spiked to be raped. We come across loads of guys who are getting spiked, and that can be done just for a laugh.
'There's a new trend in the UK where people are daring each other to spike people for a laugh. That's happening quite a lot, there's gangs of guys going around and doing this for fun.'
'You might see a young guy in a bar who's looking a bit awkward, let's have a laugh with him, or a young girl who they think is up herself, or is looking vulnerable. There's a huge amount of stuff in the UK, even about a 57-year-old that was spiked as part of that game, which they're calling 'Take them down'.'
Mary Crilly, who has worked in the field for over three decades, admits the lack of action on legislation regarding spiking is a source of frustration.
'It's not new, I remember doing a course 25 years ago and we were seeing people back then. It is (a frustration) but I can see that about a lot of things; I find it frustrating when venues say, 'we're awful sorry this happens, but not here' and they take it too personally.
'It happens in big bars, small bars, men and women, even to older people.'
A spokesperson for the VFI said 'Publicans across Ireland place the safety and wellbeing of their customers as their number one priority. VFI members work closely with An Garda Síochána to maintain a safe and secure environment for all patrons.
'The VFI supports ongoing collaboration and will continue to take advice from law enforcement authorities on best practices to protect customers. We believe that maintaining a strong partnership with An Garda is essential in ensuring safe and enjoyable experiences for all who visit our members' pubs.
'It is very important that any patron who feels unsafe or unwell in a licensed premises approach a member of staff for assistance,' the VFI spokesperson said.