New laws make it easier for stalking victims to secure barring orders

Senator Lisa Chambers, campaigners Una Ring and Eve McDowell and Minister for Justice, Helen McEntee, making today's announcement of Government approval for draft legislation to make stalking and non-fatal strangulation standalone offences. Picture: Gareth Chaney/Collins 

New laws will make it easier for victims of stalking to secure barring orders against perpetrators and non-fatal strangulation will become a standalone offence.

Violence against pets will also become an offence under the anti-stalking legislation which has been brought to Cabinet by Justice Minister Helen McEntee.

Campaigner Una Ring, who was subjected to a six-month campaign of harassment, said she feared that her own dogs would be targeted or that poisoned meat would be thrown over her wall by her abuser.  

"I know of it happening, and I have heard of pets being stabbed or deliberately run over,” she said.

Ms McEntee has secured Government approval to draft legislation to make stalking and non-fatal strangulation standalone offences as part of the Government’s zero-tolerance approach to domestic, sexual and gender-based violence

Ms McEntee said: "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.

“I have been struck by the bravery of campaigners sharing their experiences publicly. 

"I have met and worked with Eve McDowell and Una Ring, the founders of Stalking Ireland, whose bravery in both recounting their personal stories and campaigning tirelessly for action to be taken on stalking has been extraordinary. 

Under the changes, a court could make an order restraining stalking behaviours separately from a criminal prosecution.

These orders would require a lower burden of proof, and could be applied for by the affected person themselves, or by the gardaí on their behalf. It is hoped this would allow victims faster access to the courts to ensure they are safe and they feel safe.

Breach of a barring order would be, in itself, a criminal offence carrying a maximum of one-year imprisonment. It could also form the basis for a criminal prosecution for a stalking or harassment offence.

Welcoming the development, Fianna Fáil senator Lisa Chambers, who had brought forward her own private member’s bill on the issue, said the current laws are "insufficient": 

"It's really important that we send a message to victims that we are modernising and strengthening our laws to protect you and it's really important that we send a message to perpetrators, that this is a serious crime, and that we want to see you prosecuted. "

The measures also allow a court to increase the sentence handed down if the person has previously been convicted of offences against the victim, such as making threats to kill. In addition, it is proposed that a court may make an order restraining stalking behaviours separately from a criminal prosecution.

A separate standalone offence will also be created to address non-fatal strangulation.

Those convicted of strangulation causing serious harm could face a life sentence, similar to the existing offence of causing serious harm.

Ms McEntee said: “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.

“Strangulation is highly 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.”