The European Parliament adopted by 522 votes to 27, with 72 abstentions, a legislative resolution on the proposal for a directive of the European Parliament and of the Council on combating violence against women and domestic violence.

The European Parliament’s position adopted at first reading under the ordinary legislative procedure amends the proposal as follows:

Offences concerning sexual exploitation of women and children and computer crime

Member States should ensure that the following intentional conduct is punishable as a criminal offence and where such conduct is likely to cause the person to seriously fear for his or her own safety or the safety of dependants:

- female genital mutilation;

- forcing an adult or a child to enter into a marriage;

- making accessible to the public, by means of information and communication technologies (‘ICT’), images, videos or similar material depicting sexually explicit activities or the intimate parts of a person, without that person’s consent;

- cyber harassment: (i) repeatedly or continuously engaging in threatening conduct directed at a person, at least where such conduct involves threats to commit criminal offences; (ii) the unsolicited sending, by means of ICT, of an image, video or other similar material depicting genitals to a person, where such conduct is likely to cause serious psychological harm to that person; (iii) making accessible to the public, by means of ICT, material containing the personal data of a person, without that person’s consent, for the purpose of inciting other persons to cause physical or serious psychological harm to that person.

The new text sets out an extended list of aggravating circumstances for offences punishable by harsher penalties, such as crimes against public figures, journalists or human rights defenders. The list also includes the intention to punish victims for their gender, sexual orientation, skin colour, religion, social origin or political beliefs, as well as the desire to preserve or restore ‘honour’.

Protection of victims

In addition to the rights of victims when making a complaint, Member States should ensure that victims can report acts of violence against women or domestic violence to the competent authorities through accessible, easy-to-use, safe and readily available channels. That should include, at least for the cybercrimes, the possibility of reporting online or through other accessible and secure ICT.

Member States should ensure that, where the victim is a child , professionals subject to confidentiality obligations under national law are able to report to the competent authorities where they have reasonable grounds to believe that serious physical harm has been inflicted on the child as a result of violence against women or domestic violence. Member States should ensure that professionals trained to work with children assist in reporting procedures to ensure that they are in the best interests of the child.

Investigation and prosecution

Where the competent authorities have reasonable grounds to suspect that a criminal offence might have been committed, they should, without undue delay, effectively investigate , upon receipt of a complaint or on their own initiative, acts of violence against women or domestic violence. They should ensure that an official record is filed and preserve a record of relevant findings and evidence in accordance with national law.

At the earliest possible stage, such as at the time of first coming into contact with the competent authorities or as soon as possible after first coming into contact with them, the victim’s specific protection needs should be identified by means of an individual assessment , where appropriate in collaboration with all relevant competent authorities. Where the assessments identify specific support or protection needs or where the victim requests support, Member States should ensure that support services, such as specialist support services, in cooperation with the competent authorities, contact victims to offer support, with due regard for their safety.

Support for victims

Member States should ensure that specialised support services are available to victims whether or not they have lodged a formal complaint.

With regard to victims of sexual violence , Member States should (i) set up rape or sexual violence crisis centres to provide effective support to victims of sexual violence and clinical management in cases of rape; (ii) ensure that victims of sexual violence have access to medical and forensic examinations; (iii) provide timely access to health care services, including sexual and reproductive health care services.

The shelters and other appropriate interim accommodation should specifically address the needs of victims of domestic violence and sexual violence, including those of victims at an increased risk of violence. They should assist victims in their recovery by providing safe, easily accessible, adequate and appropriate living conditions with a view to a return to independent living and by providing information on support services and referrals, including for further medical care.

Promoting the central role of consent in sexual relationships

Member States should take appropriate measures to promote changes in behavioural patterns rooted in the historically unequal power relations between women and men or based on stereotyped roles for women and men, in particular in the context of sexual relationships, sex and consent.

These measures include awareness-raising campaigns or programmes aimed in particular to increase knowledge of the fact that non-consensual sex is considered a criminal offence.

Member States should promote or offer training to healthcare professionals, social services and educational staff likely to come into contact with victims in order to enable them to identify instances of violence against women or domestic violence and to direct victims to specialist support services.

Reporting and review

By eight years from the date of entry into force of this Directive, Member States should communicate to the Commission all relevant information concerning the functioning of this Directive necessary for the Commission to draw up a report on the evaluation of this Directive. On the basis of the information provided by Member States, the Commission should carry out an evaluation of the scope of this Directive and the introduction of new offences is necessary. That report should be accompanied by a legislative proposal, if necessary.

The Committee on Civil Liberties, Justice and Home Affairs and the Committee on Women’s Rights and Gender Equality adopted the report presented by Frances FITZGERALD (EPP, IE) and Evin INCIR (S&D, SE) on the proposal for a directive of the European Parliament and of the Council on combating violence against women and domestic violence.

The relevant committees recommended that the European Parliament’s position adopted at first reading in the ordinary legislative procedure should amend the proposal as follows:

The proposed Directive lays down rules to prevent and combat violence against women and domestic violence. It should establish minimum rules on the rights of victims to protection and support , as well as prevention and early intervention.

The Directive should take into account the increased risk of violence faced by victims of intersectional discrimination based on both sex and gender. Member States should ensure that, in the application of this Directive, particular attention is paid to the risk of intimidation, retaliation, secondary and repeat victimisation and to the need to protect the dignity and rights of victims, including their physical and psychological integrity, privacy and safety.

Criminal conduct

According to Members, the directive should apply to criminal conduct which amounts to violence against women or domestic violence, as criminalised under Union or national law. This includes the criminal offences defined in this Directive, namely rape, sexual assault, female genital mutilation, intersex genital mutilation, forced sterilisation, forced marriage, sexual harassment in the world of work, the non-consensual sharing of intimate or manipulated material, cyber stalking, cyber harassment, the unsolicited receipt of sexually explicit material, cyber incitement to violence or hatred and criminal conduct covered by other Union instruments,

Concept of consent

Members proposed broadening the definition of rape to include all other acts of non-consensual sexual nature. ‘ Non-consensual act ’ means an act performed without the woman’s consent given voluntarily or where the woman is unable to form a free will due to her physical or mental condition, thereby exploiting her incapacity to form a free will, such as in a state of fear, intimidation, unconsciousness, intoxication, sleep, illness, bodily injury or disability or in an otherwise particularly vulnerable situation.

It is emphasised that consent can be withdrawn at any moment during the act. The absence of consent cannot be refuted by the woman’s silence, verbal or physical non-resistance or past sexual conduct or existing or past relationship with the offender including marital or any other partnership status.

Sanctions

Members believe that sexual assault should carry a maximum penalty of at least three years in prison and at least five years if the offence was committed under aggravating circumstances. Sexual harassment offences in the workplace should carry a maximum penalty of at least one year in prison.

Aggravating circumstances

Members expanded the list of aggravating circumstances. This should include situations where:

- the offence was committed against a person made vulnerable by special circumstances, such as residency status, pregnancy, dependency, physical, mental, intellectual or sensory distress or disability, a person who is a victim of trafficking or living in an institution including retirement homes, children’s homes, reception centres, detention or accommodation centres for asylum seekers;

- the offence was committed against a public representative, journalist or human rights defender;

- the intent of the crime was to preserve or restore the “honour” of a person, family, community;

- the crime was intended to punish victims for their sexual orientation, gender expression or identity, sexual characteristics, skin colour, religion, social origin or political beliefs.

Protection of victims

Victims should have access to legal aid and assistance, free of charge and in a language they can reasonably understand, when reporting criminal offences and during judicial proceedings. The competent authorities should take all necessary steps to ensure that all evidence is obtained as soon as possible. Member States should ensure that victims are referred to a specialised contact person within the competent authority irrespective of whether a criminal complaint is filed.

Members stressed the importance of always recognising as victims children who have witnessed violence against women and domestic violence and suggested specific improvements to ensure that the best interests of the child are duly taken into account. To this end, Member States should ensure that professionals specialising in the care and support of children are present in order to assist them in reporting procedures.

Investigations and court proceedings

Competent authorities should promptly and effectively record and investigate allegations of violence against women or domestic violence and ensure that an administrative record is kept in all cases and that evidence is preserved, whether or not the investigation proceeds. Victims should be informed of the importance of collecting evidence at the earliest possible time.

Specialised individual assessment to identify victims' needs

The specialised individual assessment should be initiated without delay upon the first contact of the victim with the competent authorities and should be carried out by professionals with expertise in this area. Circumstances requiring special attention should include the fact that the victim is pregnant, the victim’s dependence on or relationship to the offender, the risk of the victim returning to the offender or suspect, recent separation from an offender or suspect, the possible risk that children and companion animals are used to exercise control over the victim and the risks for victims with disabilities.

Emergency barring, restraining and protection orders, arrest and detention

Members proposed enhanced measures to ensure the safety of victims during the process, stressing the need for barring, restraining and protection orders as well as arrests and detention as a way of protecting women’s safety and obtaining evidence. Member State authorities should also make greater efforts to secure evidence , both online and offline, as early as possible, and electronic monitoring , such as ankle bracelets, should be used to make sure that barring, restraining and protection orders are respected, and can be followed up upon.

Lastly, Member States should facilitate the tasks of a Union coordinator on combating gender-based violence, responsible for improving coordination between Union institutions, bodies, offices and agencies, Member States and international actors, and the coherence of the actions they take in the fight against violence against women and domestic violence.

PURPOSE: to provide a comprehensive framework for effectively combating violence against women and domestic violence throughout the Union.

PROPOSED ACT: Directive of the European Parliament and of the Council.

ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.

BACKGROUND: violence against women and domestic violence are criminal offences, violations of human rights and various forms of discrimination. Combating such violence is part of the European Commission's action to protect the fundamental values of the Union and to ensure compliance with the Charter of Fundamental Rights of the European Union.

Violence against women and domestic violence are pervasive throughout the EU and are estimated to affect 1 in 3 women in the EU. In terms of more specific types of violence, in 2014, one in ten women reported being sexually assaulted and one in twenty women reported being raped. More than one in 5 women experienced domestic violence. By 2020, an estimated one in 2 young women have experienced gender-based cyber-violence. Cyber-violence particularly affects women who are active in public life, such as female politicians or journalists, or human rights defenders.

Women also experience violence at work: about a third of women in the EU who have faced sexual harassment experienced it at work.

The European Parliament has repeatedly asked the Commission to propose legislation on violence against women and domestic violence, as well as on gender-based cyber-violence. Parliament has also adopted two legislative initiative reports calling on the Commission to (i) bring forward proposals on combating gender-based violence and cyber-violence respectively and (ii) the addition of gender-based violence as a new area of crime listed in Article 83(1) TFEU [(see 2020/2035(INL ) and 2021/2035 (INL) ].

CONTENT: the proposal for a Directive aims to prevent and combat violence against women and domestic violence in order to ensure a high level of safety and full enjoyment of fundamental rights within the Union, including the right to equal treatment and non-discrimination between women and men. To this end, measures are proposed in the following areas

(1) Criminalisation of the relevant offences and penalties for such offences

The proposal aims to criminalise certain forms of violence that disproportionately affect women, which are insufficiently addressed at national level and which fall within the competence of the EU, on the basis of existing legal bases. This concerns the criminalisation of rape on the basis of lack of consent (without the necessary use of force or threats, as is the case in some Member States), female genital mutilation , and certain offences related to computer crime : non-consensual sharing of intimate or manipulated material, online stalking, cyberstalking and incitement to violence or hatred online.

The proposal defines the minimum level of maximum penalties for the offences concerned. Member States should thus ensure that rape is punishable by a maximum penalty of at least eight years' imprisonment, and at least ten years' imprisonment if the offence was committed under aggravating circumstances.

(2) Victim protection and access to justice

The proposal:

- contains rules on the reporting of violence against women and domestic violence to ensure that these offences are prosecuted;

- ensures that offences are effectively investigated and prosecuted, that sufficient expertise and resources are available and that offences amounting to rape are prosecuted ex officio ;

- provide for an individual needs assessment for protection and support tailored to the specific needs of victims of violence against women or domestic violence;

- provide for specific safeguards for child victims of violence against women or domestic violence;

- ensure protection through emergency barring and protection orders;

- ensure that victims can effectively claim compensation from the offender;

- ensure the removal of online content in relation to offences of cyber violence, and a possibility of judicial redress for the affected users; and

- ensures that government bodies exist to assist, advise and to represent victims in court proceedings in matters of violence against women or domestic violence.

(3) Victim support

The proposal includes specific support in cases of sexual violence and female genital mutilation, access to national helplines, improved access to shelters and comprehensive support for victims of sexual harassment at work. Targeted support for victims with specific needs and groups at risk, including women fleeing armed conflict, is also planned.

(4) Prevention

The proposal includes an obligation to carry out awareness-raising activities. It provides that professionals who are most likely to come into contact with victims should receive targeted training and information and that intervention programmes should be open, on a voluntary basis, to those who fear that they would commit such crimes.

(5) Coordination and cooperation

The proposal strengthens coordination and cooperation at national and EU level, ensuring a multi-agency approach and strengthening data collection on violence against women and domestic violence.

Budgetary impact

The European Institute for Gender Equality (the EIGE) would need the following financial and human resources to be able to carry out the administrative data collection: (i) one-off set-up cost: EUR 200 000; (ii) annual maintenance and running costs: EUR 750 000; (iii) staff: one temporary agent (full-time equivalent) from 2025 onwards and two contractual agents (full-time equivalent) from 2025 onwards (i.e. a three in total).