New offences - Domestic Violence Act
THE new Domestic Violence Act, which was commenced yesterday, has much to recommend it. It recognises that violence is not always physical and introduces a new offence of coercive control, which is a pattern of threatening behaviour, intimidation or humiliation, amounting to psychological abuse.
It is a new concept in Irish law, but appears to have worked well in the UK. Recognising coercive control as a crime is important, because it can often do great harm to the victim by eroding self-esteem and putting them in constant fear.
It may, however, be difficult to gain convictions. Its existence in an intimate relationship may be difficult to recognise, let alone prove in a court of law, especially if there is an absence of physical violence. Indeed, that is sometimes the case in rape trials, as the #MeToo movement has demonstrated.
The full effect of this legislation will only be felt if the protective organs of State — especially the Garda Síochána — are given the tools, resources and, most importantly, the training, to recognise and combat psychological abuse and coercive control within a domestic setting. It will be worth it.
