Civil protection orders for victims of stalking not in a relationship urgently needed - Chambers
Published on: 15 August 2024
Fianna Fáil Senator Lisa Chambers has called for a date to be formally set for the introduction of civil protection orders for victims who have not been in a relationship with an alleged stalker.
In November last year, the Criminal Justice (Miscellaneous Provisions) Act 2023 introduced a new standalone offence for stalking, with a maximum sentence of up to 10 years for those convicted of the offence.
In November last year, the Criminal Justice (Miscellaneous Provisions) Act 2023 introduced a new standalone offence for stalking, with a maximum sentence of up to 10 years for those convicted of the offence.
The Act also legislated for civil protection orders. However, a date for the introduction of civil protection orders has yet to be confirmed.
Protection orders do not require criminal prosecution. Protection orders remain in place until the completion of a hearing for a barring or safety order.
Civil protection orders would mostly protect victims who have not been in an intimate relationship with their stalker, as victims of stalking by a current or former intimate partner can apply for a protection order under the Domestic Violence Act 2018.
Stalking is an extremely dangerous behaviour, that has profound impacts on victims. It can be perpetrated by anyone, including partners and former partners, as well as colleagues, family members and even strangers.
The prevalence of stalking has been known for at least a decade. A 2014 EU wide survey found that 12% of Irish respondents had experienced stalking (including online stalking). The CSO Sexual Violence Survey 2022 found that 7% of those aged 18-24 years experienced stalking with a fear of sexual violence.
Rates of online stalking, which includes but is not limited to, persistent inappropriate messaging, impersonation of a victim or sharing photos/videos of them taken without their consent, continue to rise.
Protection orders do not require criminal prosecution. Protection orders remain in place until the completion of a hearing for a barring or safety order.
Civil protection orders would mostly protect victims who have not been in an intimate relationship with their stalker, as victims of stalking by a current or former intimate partner can apply for a protection order under the Domestic Violence Act 2018.
Stalking is an extremely dangerous behaviour, that has profound impacts on victims. It can be perpetrated by anyone, including partners and former partners, as well as colleagues, family members and even strangers.
The prevalence of stalking has been known for at least a decade. A 2014 EU wide survey found that 12% of Irish respondents had experienced stalking (including online stalking). The CSO Sexual Violence Survey 2022 found that 7% of those aged 18-24 years experienced stalking with a fear of sexual violence.
Rates of online stalking, which includes but is not limited to, persistent inappropriate messaging, impersonation of a victim or sharing photos/videos of them taken without their consent, continue to rise.
Chambers said: "Stalking became a stand-alone criminal offence on 1 November last year following the initial introduction of a bill I brought before the Seanad in 2021. The Bill sets a maximum sentence of up to 10 years for those convicted of stalking, sending a clear message to society that it is a serious crime and will not be tolerated.
"As it currently stands, when an alleged stalker is a current or former intimate partner, victims can use the Domestic Violence Act 2018 to seek a protection order.
"The Criminal Justice (Miscellaneous Provisions) Act 2023 introduced last November provides for victims to also seek these orders when the alleged stalker is not a current or former intimate partner.
"Crucially however, a date has not been formally set for when these orders will come into operation, leaving victims where the stalker is not a current or former intimate partner in limbo.
"The introduction of the legislation that made stalking a standalone offence was an important step.
"The next step in the no-tolerance approach to stalking is to formally set a date for the introduction of these civil protection orders under the Act. They are crucial to a strong approach that has protecting victims at the forefront."
"Crucially however, a date has not been formally set for when these orders will come into operation, leaving victims where the stalker is not a current or former intimate partner in limbo.
"The introduction of the legislation that made stalking a standalone offence was an important step.
"The next step in the no-tolerance approach to stalking is to formally set a date for the introduction of these civil protection orders under the Act. They are crucial to a strong approach that has protecting victims at the forefront."
-ENDS-
