Domestic violence – Photo by Counselling on Pixabay.
(BRUSSELS) – New EU-wide rules to combat violence against women, proposed Tuesday by the European Commission, will criminalise rape based on lack of consent, female genital mutilation and cyber violence.
The proposed Directive will criminalise rape based on lack of consent, female genital mutilation and cyber violence, which includes: non-consensual sharing of intimate images; cyber stalking; cyber harassment; and cyber incitement to violence or hatred.
The new rules also strengthen victims’ access to justice and encourage Member States to implement a one-stop shop mechanism, meaning that all support and protection services would be located in the same place. The victims should be able to claim compensation in the course of criminal proceedings.
The proposal calls for adequate and specialised protection and support, for instance through free of charge helplines and rape crisis centres. It also provides for targeted support for groups with specific needs or at risk, including women fleeing armed conflict.
The key elements of the proposed new rules:
Criminalisation of rape, female genital mutilation, and cyber violence
The Commission is proposing to criminalise the following offences across the EU: (i) rape based on the lack of consent; (ii) Female Genital Mutilation (FGM); (iii) cyber stalking;(iv) non-consensual sharing of intimate images; (v) cyber harassment; and (vi) cyber incitement to hatred or violence.
Safe reporting and risk assessment procedures
The proposal tackles the underreporting of violence against women that still exists today. It introduces new ways to report acts of violence, which are gender-sensitive, safer, easier, more accessible – including online – and child-friendly. Professionals, such as healthcare workers or psychiatrists, would no longer be hindered by confidentiality regimes to report any reasonable suspicions of an imminent risk of serious physical harm. Authorities would also be obliged to conduct individual risk assessments when the victim first makes contact, to assess the risk posed by the offender. On this basis, authorities would need to provide immediate protection through emergency barring or protection orders.
Respect for victims privacy in judicial proceedings and right to compensation
The Commission is proposing that evidence or questions relating to the victims’ private life, especially their sexual history, can only be used when strictly necessary. Victims would have the right to claim full compensation from offenders for damages, including the costs of healthcare, support services, lost income, physical and psychological harm. They should also be able to obtain compensation in the course of criminal proceedings.
Support for victims through helplines and rape crisis centres
To address the very specific needs of victims of sexual violence, the Commission is proposing that EU Member States provide dedicated services including rape crisis centres. Victims at an increased risk of violence, including women fleeing armed conflict, should receive targeted support from Member States. National helpline to support victims of violence against women and domestic violence should be made available 24/7, all year round, and be free of charge. When a victim is a child authorities should provide age-appropriate support in the best interests of the child. Victims of cyber violence will also be entitled to adequate support, including advice on how to seek legal help and how to remove online content. In cases of sexual harassment at work, external counselling services should be made available for victims and employers.
Better coordination and cooperation
Member States should exchange best practices and consult each other in criminal cases, including via Eurojust and the European Judicial Network. To track progress and monitor the situation in all Member States, the Commission is also proposing an obligation on Member States to collect data on violence against women and domestic violence to feed into an EU-wide survey every five years.
Proposal for a Directive on Combating Violence against Women and Domestic Violence
Factsheet on Championing Gender Equality
Commission Proposal for a Directive on Combating Violence against Women and Domestic Violence - guide
2022 Report on Gender Equality in the EU
