The rationale for the introduction of the offence of coercive control in section 39 of the Domestic Violence Act 2018 was to take account of the reality that behaviours in a domestic setting that involve emotional abuse, humiliation and fear can be as harmful to victims as physical abuse because they are an abuse of the unique trust associated with an intimate relationship.
Creating a specific offence of coercive control sent a clear, consistent message that non-violent control in an intimate relationship is criminal.
The prosecutions and convictions to date should send a clear message to anyone who may be a victim of coercive control – this is a crime, you can come forward and seek help and you will be supported by An Garda Síochána. For perpetrators of this crime, it sends the message that you cannot act with impunity.
It is hoped that as more convictions follow, other victims of coercive control will feel confident to come forward.
It is the view of both the Department and An Garda Síochána that the current wording of Section 39 of the Domestic Violence Act 2018, along with section 9 of the Non-fatal Offences Act, already adequately addresses the concerns raised.
In this context, there are no amendments to section 39 of this legislation under active consideration.
