On Monday, September 2, new legislative measures came into effect in Ireland, providing enhanced protections for victims of stalking. This significant development allows those subjected to stalking behavior to apply for a civil order to prohibit such behavior. It is designed to offer earlier intervention for stalking victims without requiring the high level of proof necessary for a criminal conviction. This shift allows for quicker, more responsive legal action to protect those who may be at risk.
Enhancing Legal Protection for Stalking Victims
The measure, introduced under part five of the Criminal Justice (Miscellaneous Provisions) Act 2023, comes after stalking was made a standalone offence in November 2023. The new provisions show Ireland’s increasing dedication to addressing stalking and controlling behavior, making sure victims can get justice and protection.
RTE reports that Minister for Justice Helen McEntee announced the rollout of these provisions, emphasizing that the new system of civil orders is an important step in the fight against sexual and gender-based violence.
These protections are now available to all stalking victims, regardless of their relationship with the perpetrator. Previously, similar protections were only accessible to those who had been in a domestic relationship with their stalker.
The ability to apply for an interim order, pending the final determination of the application, is a critical component of the new legislation. This provision ensures that victims receive immediate protection against ongoing stalking behaviors while their case is being processed by the courts.
The interim orders are granted where the court deems it necessary and proportionate to safeguard the applicant’s safety and welfare.
The Broader Impact of Stalking Legislation
The standalone offence of stalking, introduced in November 2023, carries a maximum sentence of ten years. This severe penalty underscores the seriousness with which Ireland now treats stalking offenses.
The legislation also strengthens the broader legal framework surrounding domestic violence and coercive control, reflecting a comprehensive approach to tackling these insidious crimes.
Sarah Benson, Chief Executive of Women’s Aid, welcomed the new measures, highlighting the potential of civil orders to prevent the escalation of dangerous stalking behaviors. In an interview with RTÉ’s Morning Ireland, Benson pointed out that prior to this legislation, victims of stalking had to pursue criminal proceedings before they could seek a restraining order—a process that could take years. The introduction of civil orders provides a much-needed safety net for victims, allowing them to take swift legal action without enduring the lengthy and often traumatic criminal justice process.
Advocates’ Role in Legislative Change
According to Irish Examiner, the new measures have been strongly supported by campaigners, including Eve McDowell, who played a pivotal role in advocating for the legislation. McDowell’s personal experience with stalking and her harrowing encounter with a stalker who broke into her apartment armed with a claw hammer underscore the urgent need for these protections. Her campaign, alongside other advocates, highlighted the deep psychological and emotional toll that stalking and coercive control can have on victims.
McDowell expressed relief and optimism with the introduction of civil orders, noting that the new law has been a long time coming and that many people have been eagerly awaiting its implementation. She emphasized that the waiting period for a criminal conviction can be extremely traumatic for victims, often reopening wounds and exacerbating the sense of vulnerability and fear.
The Impact of the New Legislation
As the new provisions came into force on September 2, there remains a degree of anticipation about how the process will be tested in the courts. Ms Benson acknowledged that the law has yet to be put into practice, and its effectiveness will be closely monitored in the coming months.
The introduction of civil orders for stalking victims represents a critical advancement in Ireland’s approach to dealing with coercive control and stalking. By allowing victims to seek protection earlier and more efficiently, the new measures aim to reduce the risks associated with prolonged exposure to stalking behaviors. The legislation also sends a clear message that stalking, regardless of the relationship between the victim and perpetrator, is a serious crime with significant legal consequences.
Featured image: Stalking victim. Source: Marina P. / Adobe Stock.
