Fergus O'Dowd
Ceist:48. Deputy Fergus O'Dowd asked the Minister for Justice the expected timeline to introduce a new offence of stalking and non-fatal strangulation; and if she will make a statement on the matter. [25992/22]
Amharc ar fhreagraTuesday, 24 May 2022
Ceisteanna (48)
Freagraí scríofa
As the Deputy may be aware, I recently secured Government approval to draft legislation to make stalking and non-fatal strangulation standalone offences.
The introduction of these new offences form part of the Government’s zero tolerance approach to domestic, sexual and gender based violence, and will be key actions in the Third National Strategy which is currently being finalised.
While both stalking and non-fatal strangulation are already crimes, I propose a number of changes to make the law in this area clearer and stronger.
These new provisions, which will be included in the Criminal Justice (Miscellaneous Provisions) Bill, will:
- Amend section 10 of the Non-Fatal Offences Against the Person Act 1997 to introduce a standalone stalking offence, and amend the existing harassment offence
- Empower the courts to issue orders restraining stalking behaviours without a criminal prosecution
- Strengthen procedural protections for alleged victims of stalking during the court process
- Introduce a standalone offence of non-fatal strangulation
Stalking is an extremely serious and intrusive crime that can cause devastating psychological distress. It may also be a precursor to acts of physical violence. Evidence suggests that having a specific offence leads to greater public awareness and to an increase in the number of cases being reported and prosecuted.
It is important to say that while these changes will improve the law, stalking is already a crime under the existing harassment offence. I would encourage victims of stalking to report it. It can be, and it is prosecuted. Offences carry a potential sentence of up to 10 years imprisonment and perpetrators should know they cannot act with impunity.
The proposals on non-fatal strangulation will ensure assaults involving strangulation or choking can be prosecuted as a serious offence, even if there are no observable injuries.
We know that non-fatal strangulation can be an indication of future, lethal violence and is a risk factor for homicides against women in the home. Non-fatal strangulation is prevalent in domestic abuse and frequently used as a tool of coercion, often accompanied by threats to kill.
While choking and strangling are already illegal, it is hoped that creating this new offence will encourage victims to come forward and report what has happened to them.
As I noted, the Government recently approved the drafting of these provisions and work in that regard is ongoing. The drafting of the text of the Bill in which they will be included is well advanced and is expected to be published in the coming weeks.