Ruth Coppinger (Dublin West, Solidarity)
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60. To ask the Tánaiste and Minister for Justice and Equality her views on establishing a criminal offence of domestic violence; and if she will make a statement on the matter. [24390/17]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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Consideration was given to establishing a criminal offence of domestic violence in the context of drafting the Domestic Violence Bill. Domestic violence has a wide currency and covers a broad spectrum of behaviours ranging from pushing, physical assaults and non-physical abuse. In the arena of domestic violence, "violence" has been given a wider meaning and includes psychological abuse, intimidation, harassment, mental cruelty and sexual abuse. Domestic violence can occur in heterosexual , same sex and transgender relationships. It can involve violence against children. It is clear that this pernicious evil is a complex issue.

My Department consulted with the relevant criminal justice agencies on making domestic violence a criminal offence in the Domestic Violence Bill. The view expressed was that there is in general no gap in the range of offences that can be prosecuted in domestic violence cases. A number of existing offences, primarily under the Non-Fatal Offences Act 1997, capture a range of behaviours associated with domestic violence. Violence in a domestic setting is clearly a criminal act and is captured through offences such as assault. Offences extend to non-physical violence where there is a threat of imminent violence. Non-violent abuse is also captured by the harassment provisions of the Act of 1997. Sexual offences including sexual assault and rape are also relevant in domestic violence situations. Currently in criminal cases involving domestic violence that appear before the courts, the Court has discretion to give appropriate weight to the domestic context of the offence.

It is my intention to strengthen the offence of harassment under Section 10 of the Non-Fatal Offences Against the Person Act 1997 to include online activity and create a new offence of stalking. In addition new offences will be created which will apply to digital communications to deal with so-called revenge pornography incidents. This offences will apply where the victim and perpetrator are cohabiting and in other intimate partner contexts. Drafting of a General Scheme of a Bill for this is underway in my Department.