The Irishwoman who alleged she was raped by the suspect in the Madeleine McCann case is assisting the pre-legislative hearing on legislation around the disclosure of counselling records in sexual assault trials.
Hazel Behan is one of a panel of 14 people who will take part in a private session of the Oireachtas committee on justice, home affairs and migration on Tuesday for pre-legislative scrutiny of the general scheme of Criminal Law and Civil Law (Miscellaneous Provisions) Bill 2025.
The bill was approved by the Cabinet in May and includes measures aimed at ensuring that counselling records are only released where the court decides that they contain material relevant to legal proceedings.
The legislation will also outlaw sex for rent.
Ms Behan’s views on the legislation will be the only ones from a survivor at Monday’s session.
Among those also taking part in the session will be representatives from the Irish Penal Reform Trust and the Irish Human Rights and Equality Commission, members of the legal profession and the Courts Service, and principal officers from the Department of Justice.
Also attending will be academic Dr Susan Leahy and chief executive of One in Four Ireland, Deirdre Kenny.
Following pre-legislative scrutiny, a report will be issued by the committee which will then feed into the completion of the legislation.
Ms Behan is currently bringing a case to the European Court of Human Rights (ECHR) against the Portuguese authorities over their handling of her case.
She claims the authorities failed to properly investigate rapist Christian Bruckner over her serious sexual assault in 2004.
Ms Behan, who has waived her right to anonymity, lodged an application before the ECHR in April.
Bruckner was released earlier this month from a German prison after serving a sentence for rape.
He was identified as the main suspect in the Madeleine McCann case in June 2020, but has never been charged in connection with her disappearance in Portugal in 2007.
Ms Behan alleges that she was raped in her apartment in Praia da Rocha, Algarve, in 2004 and has condemned the Portuguese investigation.
Her legal team at Phoenix Law lists a number of failings in the case, including:
- The failure to seize the blood stained bed sheets and broken false nails from the struggle which plainly contained important forensic evidence;
- The failure to provide Hazel with a translator so she could understand the process or provide a detailed witness statement;
- The imposition of surveillance on Hazel after the incident which included a direct approach by the Portuguese police to return to Ireland due to the damage her allegations had on the tourism industry;
- The closing of the case without notice.