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DOMESTIC VIOLENCE SHOULD be treated as seriously as public assault – if not more so, the Oireachtas Justice Committee has said.
The body has recommended that domestic violence, in itself, be made a crime. It also wants a wider definition of the term.
Interest groups have told the Committee that while assault is a crime whether committed inside or outside the home, public assault is often treated more seriously.
In a report released today, the Committee has called for domestic violence to be treated as being as serious, if not more serious, than many other forms of criminal and common law assault – due to the psychological and emotional effects it has on the victim.
The group also wants Justice Minister Frances Fitzgerald to consider requiring An Garda Síochána to take statements regarding a complaint of domestic violence, including the compiling of a report of what the force itself has witnessed at the time the complaint is made.
This could include, if the victim permits, the taking of photographs and the immediate arrangement of a medical assessment of the victim.
The Committee wants Fitzgerald to look into introducing two additional and more serious offences of marital assault and domestic assault, to be treated and punished more severely than the existing offence of assault under the Non-Fatal Offences Against the Person Act 1997.
The group thinks that psychological abuses such as stalking and harassment within a marital or domestic context should also lead to a greater punishment than at present.
The Committee is also calling for a domestic violence unit to be set up within the courts and a review of the ‘in camera’ rule, with a view to forming an appropriate reporting system for family law cases.
It also wants consideration to be given to the establishment of a domestic violence register to catalogue details of convicted abusers.
Anne Ferris, Vice Chair of the Justice Committee, said that the report is “is an attempt to highlight some of the points raised and to expose the terrible and truly shocking situations some people endure on a daily basis”.
We hope that this process, in some way, brings a little comfort to the victims of domestic and sexual violence. The intention of this report is to present recommendations that are robust and victim-focused.
Deputy Marcella Corcoran Kennedy said that the evidence the Committee received while compiling the report clearly highlighted that “domestic and sexual violence is a damaging scourge on Irish society”.
Not only does this issue concern physical violence, but also psychological violence and emotional violence. It plunges families into turmoil, destroys homes and most significantly, destroys lives.
“In addressing this, the State needs to ensure it is addressed as far as the law will allow, with the best supports made available to victims and the toughest possible sentences served on the perpetrators.”
SAFE Ireland, a group that represents 40 domestic violence services across Ireland, welcomed the recommendations made by the committee.
Caitriona Gleeson, the organisation’s Programme and Communications Manager, said: “We are delighted that the Committee has recognised the need to strengthen legislation so that domestic violence is not treated as a lesser offence by our system and society.
“This unfortunately has been the experience of thousands of women throughout Ireland for many decades.”
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Alleged DV incidents against men(victims) are treated with contempt by the gardai and courts. Why is that the case?
Due to prejudice, cultural views, the idea that a man can defend himself, and to admit to abuse is emasculating and a source of ridicule.
Men know it will not be taken seriously, and is effectively ignored (the odd token mention) by advocacy groups against it.
The psychological effects are commonly not considered or treated equally to a case involving a woman.
Men traditionally and by their nature seek to solve there own problems as a source of self esteem and reinforcement of their idea of self. Also view seeking help as an admittance of weakness…..
No real surprise if these factors are held in mind while viewing suicide figures.
One day hopefully it will change, and the protections extended (rightfully) to women domestically, are equally extended to men, and the toleration based on discrimination stops.
The photograph above chosen from Shutterstock depicts a woman apparently hiding from an evil man. This reinforces the stereotypical message to a classically conditioned readership that women are always the victims and men are always the perpetrators.
Generally speaking that is the case Banga. We all know by now that this is an issue with you since you are so quick to post when it comes up.
I have come across horrific tales regarding domestic violence by men against women but only ever come across two where it has been the other way round, one of which involved me.
And I have had multiple and many relationships and can be really annoying.
I just wonder what your experience has been and why it is such an issue with you.
Dam right it should as it can happen to the person daily
It definitely should be treated more seriously. Public assault is generally a once off attack. Domestic violence is a form of ongoing psychological torture as well as assault.
A lot of people left dead, brain damaged, paralysed and emotionally crippled from a one off attack.
The same can be said of domestic violence. Thank the flying spaghetti monster that the judicial system is not stupid enough to view either in black and white terms making your point completely moot?
Now there’s an insight into how government committees think. DV is already illegal. It’s already treated more seriously in sentencing than public assault. But … let’s make it more illegal. That will … er … send a message to … er … hard pressed low and middle income earners, no wait, that’s the other section of the platitudes book …
Any story in gender imbalance on the membership of this committee?
No men are mentioned in this story yet the proposals affect everybody in society.
The suggestion that “DV Crime” be tried in an in-camera court is quite frankly, ludicrous.
Yes it should be great idea that the guards should be allowed record and take pictures at the time of the reported Assault been on the receiving end of Domestic Violence myself took a very long time and years to eventually do anything about it I think if there were stronger charges pressed against the aggressor I certainly would have had the guts to do it sooner
I was terrified if I reported it resulting in a slap on the wrist It would just make things worse
There already is a domestic violence act 1997, which is more than adequate. Ie victim goes 2 solicitor requests to apply 2 court for dvsa order ( barring , safety or protection order) . Once in place, if offender even threatens victim on phone, immediately arrested by gardai and brought before judge who will either remand offender in jail or give strict conditions 2 stay away from victim. Serious
Legislation and powers already there, no need 2 create new laws just cause committee justice are ignorant of law. This legislation very active and always being used, just inform victims of process more in their line.
It was news to me that sentencing for DV assault is usually harsher than for common assault. Which means that many others might not realise either – specifically some perpetrators who might think twice if they were aware it might mean a prison sentence rather than a small donation to charity.
So yes I think separating the two offended so that everyone in society realises it is treated differently by justice system can only be a good thing.
Yes yes….
have your say