On the proposal for a directive of the European Parliament and of the Council on combating violence against women and domestic violence
A-9-2023-0234
Committee on Civil Liberties, Justice and Home Affairs Committee on Women's Rights and Gender Equality · Rapporteur: Frances Fitzgerald, Evin Incir
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Parliament's amended version of the Commission proposal for a directive on combating violence against women and domestic violence sets out criminal offences, penalties, victim protection, support services, prevention and data collection rules.¶¶¶ It adds new offences including sexual assault, intersex genital mutilation, forced sterilisation, forced marriage and sexual harassment in the world of work, and defines rape around the absence of consent.¶¶¶ It requires Member States to provide specialist support, shelters, helplines, rape crisis centres, protection orders, compensation and training for professionals.¶¶¶ It obliges Member States to prevent violence through awareness-raising, education, intervention programmes, national action plans and regular data collection.¶¶¶
Committee position. The committees propose to strengthen the Commission proposal by adding new offences, broadening definitions of rape and consent, reinforcing victim protection and support, and expanding prevention and data collection measures.¶¶¶
Key points
- The directive aims to prevent and combat violence against women and domestic violence through criminal offences, victim protection, support, prevention and data collection.¶
- Member States must criminalise rape, sexual assault, female and intersex genital mutilation, forced sterilisation, forced marriage and sexual harassment in the world of work.¶¶¶
- Rape is defined by lack of consent, which can be withdrawn at any time and cannot be refuted by silence, non-resistance or past conduct.¶
- Cyber violence offences cover non-consensual sharing of intimate material, cyber stalking, cyber harassment, unsolicited sexually explicit material and cyber incitement.¶¶¶
- Penalties include at least three years for sexual assault, at least five years for female genital mutilation and forced marriage, and at least one year for sexual harassment at work.¶¶¶
- Aggravating circumstances include offences against public representatives, journalists or human rights defenders, profit motive and so-called honour crimes.¶¶¶
- Victims must be able to report crimes easily, safely and online, with access to legal aid and a specialised contact person.¶¶¶
- Member States must provide emergency barring, restraining and protection orders, electronic monitoring, and consider arrest and detention in immediate danger.¶¶¶
- Specialist support services, rape crisis centres, shelters and helplines must be available free of charge, with minimum capacity requirements.¶¶¶
- Victims have the right to full compensation from offenders, and Member States must ensure access to compensation schemes if offenders do not pay.¶¶
- Preventive measures include awareness-raising, education on consent and gender stereotypes, intervention programmes and national action plans.¶¶¶
- Member States must collect and transmit comparable data on violence against women to the European Institute for Gender Equality and support research.¶¶¶
Who is affected
- Member States, which must criminalise offences, provide support services and collect data.¶¶¶
- Victims of violence against women and domestic violence, who gain protection, support and compensation rights.¶¶¶
- Children who witness violence, who are considered victims and receive targeted protection and support.¶¶
- Providers of intermediary services, which must remove or disable access to illegal online material.¶¶
- Employers and social partners, who must address sexual harassment and support victims at work.¶¶¶
Figures and deadlines
- At least three years of imprisonment for sexual assault, five years under aggravating circumstances.¶
- At least one year of imprisonment for sexual harassment in the world of work.¶
- At least five years of imprisonment for female genital mutilation, forced sterilisation and forced marriage, seven years under aggravating circumstances.¶
- Limitation period of at least 20 years for rape and female genital mutilation.¶
- Limitation period of at least 10 years for sexual assault, intersex genital mutilation, forced sterilisation and forced marriage.¶
- Limitation period of at least 5 years for cyber violence offences.¶
- Minimum of one rape crisis or sexual violence referral centre per 200 000 inhabitants.¶
- One family place per 10 000 inhabitants in specialised women's shelters.¶
Legal basis: Article 294(2) and Articles 82(2) and 83(1) of the Treaty on the Functioning of the European Union.¶