LAST UPDATE | 4 Aug 2022

JUSTICE MINISTER HELEN McEntee has said that new measures designed to tackle domestic abuse and stalking will encourage more victims to come forward.

The new laws, which were signed off by the Government last week, will see stalking as well as non-fatal strangulation becoming standalone offences.

The maximum sentence for assault causing harm (the charge most commonly used in domestic abuse cases) is to increase from five years to 10. Life sentences will also be allowed for conspiracy to murder.

The new measures will also mean courts will be able to issue civil restraining orders against stalkers. These orders do not require a criminal prosecution and are easier for victims to obtain.

Justice Minister Helen McEntee secured Government approval for the Criminal Justice (Miscellaneous Provisions) Bill 2022. The Bill will now be brought before the Oireachtas and is expected to become law in the Autumn.

Speaking to reporters this afternoon, McEntee said that by making stalking a standalone offence, it will see more victims come forward to Gardaí.

“It’s very clear that by making it standalone offense, it encourages more people to come forward, it encourages more cases to be brought and indeed it encourages more prosecutions,” McEntee said.

“While it is already an offense, I really hope that this will highlight and this will encourage more people to come forward.”

When asked whether a 10-year maximum sentence was enough, McEntee said the Bill was based on other jurisdictions who have laws around stalking, but said that she was “always very open to looking at sentencing”.

“I think it’s important that legislation can be enacted that we see how it operates and how it works and then potentially look at any changes after,” McEntee added.

McEntee said: “But this legislation also includes an important system of civil orders to restrain stalking behaviour and protect victims. These orders allow earlier intervention and do not require a criminal prosecution.

“The aim of the strategy is to bring about changes in attitudes and in systems to ensure there is zero tolerance in Irish society for domestic, sexual and gender-based violence, and I believe this legislation is a significant step.”

McEntee said that the changes to the harassment offence “are also important” as it has been expanded to cover any persistent conduct that seriously interferes with a person’s peace and privacy, or causes alarm, distress of harm.

Stalking Standalone Offence

The new standalone stalking offence is likely to be the most serious charge, according to the Department of Justice.

This new offence covers any conduct that either puts the victim in fear of violence or causes the victim serious alarm and distress that has a substantial adverse impact on their usual day-to-day activities.

A wide list of possible acts is included – such as following, communicating, impersonating, interfering with property or pets etc.  

The new stalking offence can be committed by a single act – it does not need to be persistent or repeated. It also covers situations where the person finds out about some or all of the stalking acts afterwards.

The maximum penalty for this offence will be 10 years.

Non-Fatal Strangulation

The new law will also create two separate offences for non-fatal strangulation.

The first provides that where an assault involves strangulation it has, without any other harm being shown, the same penalties as an assault causing harm offence, which is being increased to 10 years.

The other aspects provides for incidents that where the strangulation caused serious harm, the maximum penalty is life imprisonment. This is similar to the existing offence of causing serious harm.

McEntee added that research also highlights that non-fatal strangulation is frequently used as a tool of coercion, often accompanied by threats to kill.

She said: “Non-fatal strangulation is a common feature of domestic abuse and is a strong predictor of further violent offences. It can also be difficult to prosecute at an appropriate level of seriousness where there is no visible injury.

Speaking to reporters this afternoon, Garda Commissioner Drew Harris said that he welcomed the provision in the Bill around making non-fatal strangulation an offence.

“It has been shown [in] international studies in other countries but also we are seeing it here as well, that non fatal strangulation the intention, if I may put it like this, is not to kill but it’s a demonstration of the ability of an individual to kill,” Harris said.

It’s part of the inherent violence of domestic abuse, and it’s part of then the coercive control that an individual can be subjected to.

“The other aspect of it is that sometimes the injuries can be minimal, and therefore then it’s not been charged with the level of assault nor the impact that it has on the victim,” Harris added.

“Other provisions in the Bill include amendments to the offence of conspiracy to murder which ensures that a penalty of up to a life sentence may be imposed.

McEntee added: “The creation of this new offence and the imposition of a life sentence for it underlines the Government’s commitment to tackling serious crime and will ensure that An Garda Síochána and our Courts have the tools they need to take firm and decisive action to deal with our most serious criminals.”

Additional reporting by Tadgh McNally