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A NEW STUDY has shown that men who are convicted of the manslaughter of current or former intimate partners serve less time in jail than other men convicted of the same charge.
According to the 2017 Women’s Aid report, such men are sentenced to, on average, 2.8 years less than other men convicted of manslaughter of women.
Eight women have died violent deaths in Ireland this year and the new report is now detailing how women are more likely to be killed at home than any other location.
Women’s Aid has called on the Government to bring in a number of new measures to ensure the safety of women and children from domestic violence. The group also wants to make a couple of changes to current legislation.
The report recommends: “That when offences including physical violence (including resulting in death), psychological and sexual violence and stalking are carried out by a current or former partner or spouse the intimate relationship should be considered an
aggravating factor when it comes to sentencing.”
Jessica, a woman who was supported by the charity through her journey to safety, wanted to share her story for the report’s launch.
“I was out with friends that night and when I got home he was hiding in the garden, waiting…” she recalls.
“I lost consciousness after the first punch, and again later in the attack. My eyes, face and skull were fractured that night, and I have permanent scarring and nerve damage. It was merciless, I thought he was going to kill me.
“Any time he’d ever hit me my head or face was always the first place he’d aim for. My daughter’s third birthday was the following day, and I discharged myself from hospital to help her blow out her candles.
I was readmitted on Christmas Eve for reconstructive surgery on my face. He got a three-and-a-half year prison sentence, with the last year suspended.
The report also asks that the Domestic Violence Bill includes provisions for experts being made available to the court to assess the risk the perpetrator poses to the
children. These experts should also assess the impact that the direct abuse and witnessing abuse has on the children.
Other notable statistics derived from the study include:
Women’s Aid saw an increase of almost 5,000 calls to its national helpline last year as the organisation extended its call hours. Callers to the helpline reported 16,946 instances of domestic abuse against women in 2016.
A further 3,823 disclosures were made reporting child abuse, including physical and sexual abuse.
2016 was the first year the charity provided the National Freephone Helpline on a 24/7 basis, resulting in an additional 4,910 calls which were responded to by the organisation.
A total of 96% of the callers to the helpline were female.
The report emphasises the impact that domestic violence in the home has on children, with child abuse often coming hand in hand with mothers being abused.
Margaret Martin, director of Women’s Aid, spoke of the concern the organisation has about the numbers of children being directly abused and exposed to domestic violence.
“In 2016, women told us that their children were being hit, slapped, shouted at and called names, and in some cases, sexually abused,” Martin said.
Children have been told they will be killed alongside their mothers. At times, the perpetrator of the abuse has deliberately targeted the children as a way to hurt both them and their mother.
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The issue isn’t politics, it’s party politics.
@John Latham: how so, was the last appointment not labour?
@Shawn O’Ceallaghan: the issue is not whether any particular appointment was or wasn’t party political. This is about designing a system that resists subversion by party political forces.
Putting political judging aside on certain cases there is a much more serious issue when it comes to sentencing. Is someone breaks into a judges or tds (regardless of party) home they will end up with a 5 year jail sentence. Is someone breaks into another persons home, beats them within an inch of their life leaving them in a coma for 10 years the sentence will be suspended or 5 months tops. That’s the REAL issue.
Excellent, thoughtfulness vigorously analytical argument.
I cavil on one point. The Executive is theoretically accointable to the Oireachtas but in practice it is the Oireachtas which is controlled by the Government, the executive branch.
I agree that Judges are influenced by values, political outlook, ideology and even biases, sometimes unconsciously held. Some judges transcend that.
There are major problems in Ireland. Access to the law is a major problem. It is often unaffordable to vindicate legitimate rights.
Law and the judicial system ultimate favour wealth and privilege. Judges are socially programmed to protect private property rights and to relegate social and public policy considerations as secondary to the supremacy of private property rights. There have been limited exceptions to this.
Great article. Realistic and without a particular crow to pick. It informs the debate.
@Tony Daly: can u speak English and cut out the dramatic words
@Tony Daly:
It’s not the privileged with 115 + convictions and still walking the streets though is it.
Yes they may favour, in some instances people of certain social classes. However, they at the same time hand down ridiculously lenient sentences for s*******s who terrorise their neighbourhood.
Rape sentences are so lenient some can even walk out of court the very same day!
But fail to pay tax on garlic, merits 7 years.
“No judge is pure”
Never a truer word spoken
@jon-boy55: I’d settle for competent these days…
Excellent article. It’s a pity that the current debate entirely lacks the insight that is apparent in the article. All of us have “values” and interpret life through the lens of these values. All of us, including Judges. But if we are to observe that we need to be aware of the values that Judges hold when we select them for Office then perhaps we should also apply the same criteria to our own judgements which we often hold to be “neutral” and uninfluenced by our own values. Most of our values are actually entirely opaque and we frequently make judgements unaware of our own bias. It’s good to have such debates because it makes us aware of our own values and biases and awareness is a good thing. What a pity we are entirely avoiding such a debate at the moment.
The real problem in Irish justice is the slavish adherence to all things English from the wigs and gowns (Symbols of the Crown) to the archaic and hidebound language not to mention the huge number of Acts still in the statute book pre-Partition.
A modern progressive European style country needs a plain language civil and criminal code in which citizens rights to a “fair hearing” are guaranteed and access to justice is the norm not the preserve of the few.
A priority should be a system of “no fault liability” in child birth cases as the current system is a true disgrace costing millions in legal fees and damages only if the claimant is strong enough to fight for 10–2 years against an opponent with countless reserves . It’s hardly an equality of arms and it shames Ireland .
Law is not nuetral, nor is the media all are driven by politicis. Even the Times claiming “Just Facts” is bull.
First thing to do with judicial and legal profession is to bring them into 21st century and make them use plain English. Such rubbish speak they use reading legal documentation is consistently like reading a Shakespeare play.
Surely if I vote I am democratically accountable. Those elected to office should be accountable but to whom. Themselves. Definitely not those who elected them. Under our whip system the politician is accountable to his party.
P.S the new man is a doctor so here is his chance to make a lasting and worthwhile impression as well as making his legacy……introduce no fault liability to the legal system. In fact keep it out the legal system and administer it through an outsourced private entity using a mixture of funds from central government, the insurance industry and the DoJ. Sure it will horrify our Learned friends so what ?
No fault liability will preserve the dignity of the victims of medical “mishaps”, save their sanity, capital and above all save them from years of gruelling battles with rich insurance companies who only care about profits not the suffering of the victims. Come on Dr LEO step up to the plate and demonstrate your desire for an Ireland where all citizens are equal
Just like judge durcan in ennis. He was a member of fine geal!
I will write again even though the Journal didn’t show it the first time. A judge should make a decision on the basis that it is fair and honest. If they don”t do that then they should clear off and let someone else do it. That one of the biggest problem in Ireland judges working fir the system.
Some of these judges liveon another planet
The reality is that corruption is deeply ingrained in our culture. We can explain/excuse this by pointing to our history of oppression etc. But that is history. The phase that we need to progress through right now is the phase of becoming a mature nation where corrupt practice is not necessary in order that our citizens can be guaranteed the rights bestowed upon them in our constitution
This phase/transition is underway but progress is slow. This is because the established system stands to loose if we achieve s full open and just society.
The judiciary is intertwined in the establishment and is of course influenceable by its masters.
Appointments must be removed from political influence and the judiciary itself needs to mature to being totally impartial and independent.
Correction: the Government is meant to be accountable.
very informative article, I can vote for a politician, I have no say in who is appointed to
legal office in this State. I welcome a system where informed, competent, lay people have a role in their appointment. The legal profession holds itself in very high esteem, the idea that they are the only ones who can be involved in the selection of a Judge, is arrogant and elitist.
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