Alleged victims of stalking and harassment to be spared cross-examination by accused

Alleged victims of stalking and harassment to be spared cross-examination by accused

Helen McEntee

Alleged victims of stalking and harassment will not have to face cross-examination by the alleged perpetrators as part of a package of legislative amendments aimed at better supporting victims of crime.

Justice minister Helen McEntee today announced a number of amendments to the Criminal Justice (Miscellaneous Provisions) Bill which the government will propose at the Seanad committee stage.

Many of the amendments relate to harassment and stalking, with new restrictions on cross-examination as well as guaranteed anonymity for alleged victims and provisions for making civil orders restraining stalking on an urgent basis.

“These amendments will address several outstanding issues and, importantly, will reassure victims of these awful crimes that they will be listened to, that they will be treated with respect and dignity, and that they will be protected,” Mrs McEntee said.

“The new system of civil orders is important as these target stalking at an early stage. They will restrain stalking behaviour and protect victims. These orders allow earlier intervention and do not require a criminal prosecution.

“The new orders also go further than what is possible under domestic violence legislation in terms of who an order can be made against (that is, not just close relationships) and the kind of conduct that can be prohibited by the court.”

James Browne, minister of state, added: “In order to ensure that we have zero tolerance for domestic, sexual and gender-based violence in Ireland, we have to make sure that victims feel protected throughout the entire criminal justice process.

“We know that historically, many people may not have felt able to come forward because they did not have confidence that the system would support and protect them.

“I hope that the amendments announced today will allow victims to have confidence in the criminal justice system and feel supported when making reports to An Garda Síochána.”

The bill will also increase the maximum sentence for assault causing harm from five years to 10 years, allow life sentences for conspiracy to murder, make stalking and non-fatal strangulation standalone offences, and expand the existing harassment offence.

The government aims to have the legislation enacted in July.

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