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INASC: Results of the Irish Study This project is funded by the Criminal Justice Programme of the European Union
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Workstream 2 Methodology ► Ireland’s DPP prosecutes only the most serious DV cases ► Responsibility for prosecution of most DV cases lies with An Garda Síochána ► Garda Commissioner declined to participate ► Victim-centred methodology ► Personal interviews with 40 victims ► Mixed quantitative and qualitative questions
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Methodology, cont. ► Participants had to meet certain criteria: ► Had experienced IPV ► Had reported at least one incident of DV to Gardai between 2010 and 2013 ► Were aged 18 at the time of that report ► Had sufficient understanding of English to answer questions
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Limitations of this Methodology ► No corroboration of assertions made ► Unrepresentativeness of the sample ► Good geographical spread ► Low number ► Drawn exclusively from victims in contact with DV agencies ► Victims unable to recall details concerning court outcomes with sufficient reliability
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Demographic Profile of Participants ► Age range = 20-62 (half in their twenties); 95% had children ► 35 were Irish/EU + 3 “Green Card” ► 7 were in a minority ethnic/racial group; 3 were in a minority religious/political group ► Better educated than their abusers ► Over half working in the home – 2/3 dependant on social welfare payments ► Married to, and cohabiting with, abusers were equally represented
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Severity of the Violence ► Beginning of violence = 21 months on average ► Participants’ average age = 28; abusers’ = 32 ► Physical and emotional/psychological violence occurring daily = 30% and 35%, respectively ► 50% reported a serious risk indicator as part of first incident Form% % Physical90Emotional98 Sexual43Verbal98 Imprisonment45Financial75 Harassment50Children73 Threats78Coercion83
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Continuation of Violence
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Garda Response ► Garda Domestic Violence Policy 1996 ► Came to incident location = 53% ► Very little in the way of needs/risk assessment ► Reluctance to arrest abuser, even for breach of DVO ► Participant assessment of gardaí = mixed ► High praise: ► “Very good, very helpful”; ► “They were perfect”; ► “The [Garda] is after giving me faith”; ► “I felt I wasn’t on my own”
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Garda Response II ► Some strong criticism: ► “[T]here was no bit of … fire in them”; ► “It’s like you’re taking them away from their dinner or something”; ► “And then he asked me what I’d done to upset [the abuser]”; ► “I didn’t want to call the Garda at all, because I didn’t have any help”; ► “I forgive [the abuser] for everything he done to me, but I will never forgive that Guard until the day I die”.
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Workstream 3 Methodology This project is funded by the Criminal Justice Programme of the European Union Semi-structured Interviews Using adapted version of Workstream 3 Guidelines with Judges, Senior Gardai, Public Prosecutors, State Solicitors, Probation Officers, Court Services Staff, Prosecuting Barristers, Women’s Support Services
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Main Findings: This project is funded by the Criminal Justice Programme of the European Union IPV is not treated as a serious criminal matter. ►Most of the cases are prosecuted by the gardai. ►IPV cases and breaches of DVO are mostly heard in the District Court / lower court because cases are processed more quickly ►Legal professionals had very little experience of IPV cases in the Criminal Court, including for breaches of DVO
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Main Findings, cont. This project is funded by the Criminal Justice Programme of the European Union There is a reluctance to investigate IPV offences ►Gardai will generally not prosecute a case without a DVO. ►Most legal professionals view women as reluctant to pursue cases for a variety of emotional and psychological reasons. In contrast Women’s support Services said women mainly wanted to avoid the ordeal of court. ►All legal professionals commented on the need for good investigation and evidence to make good cases. ►Women’s Support Services reported that in some cases they are asked by gardai to gather evidence e.g. photos of injuries.
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Main Findings, cont. This project is funded by the Criminal Justice Programme of the European Union Repeat Victimisation is not addressed ►Levels of intimidation were identified by all professionals as high in IPV cases, yet there is no formal risk assessment ►There is little evidence of special measures being applied, other than interpreter services. ►There is no requirement on judges to make a connection between the Family court and Criminal court hearings ►Much of DV is dealt with on a case by case basis, often for minor offences, so the pattern of DV is not recognised.
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