Stalkers face up to 10 years in jail under proposed law

People convicted of stalking could be jailed for up to 10 years under a proposed law to make it a stand-alone offence.

It is also intended that a new offence of non-fatal strangulation could lead to life sentences being imposed in cases where serious harm is caused.

The plans are being developed by Minister for Justice Helen McEntee who said they are part of a goal of achieving “zero tolerance when it comes to domestic sexual and gender-based violence”.

While both stalking and non-fatal strangulation are already crimes prosecuted under different laws, the planned legislation to make them specific offences is aimed at making the law clearer and stronger.

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Ms McEntee was joined at the announcement of the law by stalking victims and campaigners for the new law Una Ring and Eve McDowell as well as Fianna Fáil Senator Lisa Chambers who has been pushing for the planned changes.

Ms McEntee said stalking can have a “devastating impact” on people and there is evidence from other jurisdictions that victims are more likely to come forward when it is a standalone offence.

She said research shows that non-fatal strangulation is often a precursor to much more extreme violence and is a risk factor for homicides against women in the home.

In relation to stalking, the new law would mean that a single incident could lead to a prosecution, there would not have to be persistent or repeated incidents.

The proposed law is intended to cover any conduct that either puts the victim in fear of violence or causes them serious alarm and distress and has a substantial adverse impact on their day-to-day lives.

A broad and non-exhaustive list of possible acts that could be deemed an offence is to be included in the law such as following a person, communicating with them, impersonating, and interfering with property or pets.

People would also be able to seek a civil restraining order without a criminal prosecution.

Ms McDowell said she wasn’t able to get a restraining order against her stalker. She said she believes that if the proposed changes to the law had been in place during her ordeal action could have been taken earlier.

“Maybe it wouldn’t have culminated in a break-in, my housemate being attacked. I would have had a lot less trauma to deal with to put it simply,” she said.

Ms Ring said she was concerned that her dogs would be targeted by her stalker as she had heard of cases of animals being poisoned. While it didn’t happen in her case she asked for attacks on pets to be included in the legislation.

The men who stalked Ms Ring and Ms McDowell were convicted under harassment laws and jailed.

Under the Government plans two new offences related to non-fatal strangulation are to be brought in.

One is where serious harm is caused - with the possibility of a life sentence being imposed.

The other new offence is in the case of an assault that involves strangulation without any other harm being shown which could result in a prison sentence of up to five years.

“Strangulation is highly prevalent in domestic abuse and frequently used as a tool of coercion, often accompanied by threats to kill,” said Ms McEntee.

“While choking and strangling are already illegal, it is hoped that creating this new offence will encourage victims to come forward and report what has happened to them.”

Ms Chambers said the goal is to have the new law on the statute books before the Dáil’s summer recess or failing that no later than the autumn session.

She said there was cross-party support to change the law on stalking. She said it is “predominantly women that are subjected to stalking, but it can happen to men too”.

She said it is important victims know the law is being strengthened to protect them but also that perpetrators are sent a message that “this is a serious crime and that we want to see you prosecuted if you engage in this behaviour”.