Bruxelles, 25 mars 2022
Dossiers interinstitutionels:
2022/0066 (COD)
WK 4366/2022 INIT
LIMITE
JAI
SOC
FREMP
ANTIDISCRIM
COHOM
GENDER
COPEN
JEUN
EDUC
DROIPEN
MIGR
CODEC
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NOTE
De:
Secrétariat général du conseil
A:
Delegations
N° Cion doc.:
7042/22 + ADD 1-5 + COR 1
Sujet:
Proposition de directive du Parlement européen et du Conseil sur la lutte contre la
violence à l'égard des femmes et la violence domestique
- Tableau de correspondance entre articles et considérants de la proposition de
directive
Les délégations trouveront en annexe le tableau de comparaison sous rubrique.
WK 4366/2022 INIT
JAI.2 MC/sl
LIMITE
FR
Articles
Recitals
CHAPTER 1
GENERAL PROVISIONS
Article 1
Subject matter
(1) The purpose of this Directive is to provide a
This Directive lays down rules to prevent and
comprehensive framework to effectively combat
combat violence against women and domestic
violence against women and domestic violence
violence. It establishes minimum rules concerning:
throughout the Union. It does so by strengthening
(a) the definition of criminal offences and penalties
and introducing measures in the following areas: the
in the areas of sexual exploitation of women and
definition of relevant criminal offences and
children and computer crime;
penalties, the protection of victims and access to
(b) the rights of victims of all forms of violence
justice, victim support, prevention, coordination and
against women or domestic violence before, during
cooperation.
or after criminal proceedings;
(c) victims’ protection and victims’ support.
(2) Equality between women and men and non-
discrimination are core values of the Union and
fundamental rights enshrined, respectively, in
Article 2 of the Treaty on European Union and in
Articles 21 and 23 of the Charter of Fundamental
Rights of the
European Union (the ‘Charter’). Violence against
women and domestic violence endanger these very
principles, undermining women and girls’ rights to
equality in all areas of life.
(3) Violence against women and domestic violence
violate fundamental rights such as the right to
human dignity, the right to life and integrity of the
person, the prohibition of inhuman or degrading
treatment or punishment, the right to respect for
private and family life, personal data protection, and
the rights of the child, as enshrined in the Charter of
Fundamental Rights of the European Union.
[Those recitals concern the text in general and not
a specific article]
(7) Violence against women is a persisting
manifestation of structural discrimination against
women, resulting from historically unequal power
relations between women and men. It is a form of
gender-based violence, which is inflicted primarily
on women and girls, by men. It is rooted in the
socially constructed roles, behaviours, activities and
attributes that a given society considers appropriate
for women and men, generally referred to under the
term ‘gender’.
(9) In light of the specificities related to these types
of crime it is necessary to lay down a
comprehensive set of rules, which addresses the
persisting problem of violence against women and
domestic violence in a targeted manner and caters to
the specific needs of victims of such violence. The
existing provisions at Union and national levels
have proven to be insufficient to effectively combat
1
and prevent violence against women and domestic
violence. In particular, Directives 2011/36/EU and
2011/93/EU
concentrate on specific forms of such violence,
while Directive 2012/29/EU of the European
Parliament and of the Council lays down the general
framework for victims of crime. While providing
some safeguards for victims of violence against
women and
domestic violence, it is not set out to address their
specific needs.
(10) This Directive supports the international
commitments the Member States have undertaken to
combat and prevent violence against women and
domestic violence, in particular the United Nations
Convention on the Elimination of all forms of
Discrimination Against Women (CEDAW)5 and,
where relevant, the Council of Europe Convention
on preventing and combating violence against
women and domestic violence (‘Istanbul
Convention’)6 and the International Labour
Organization’s Convention concerning the
elimination of violence and harassment in the world
of work, signed on 21 June 2019 in Geneva.
(11) Violence against women and domestic violence
can be exacerbated where it intersects
with discrimination based on sex and other grounds
of discrimination prohibited by Union law, namely
Article 2
nationality, race, colour, ethnic or social origin,
Victims at an increased risk of violence and
genetic features, language, religion or belief,
specific risks
political or any other opinion, membership of a
1. When implementing the measures under this
national
Directive, Member States shall take into
minority, property, birth, disability, age or sexual
consideration the increased risk of violence faced by orientation. Member States should therefore pay due
victims experiencing discrimination based on a
regard to victims affected by such intersectional
combination of sex and other grounds so as to cater
discrimination, through providing specific measures
to their enhanced protection and support needs, as
where intersecting forms of discrimination are
set out in Article 18(4), Article 27(5) and
present. In particular, lesbian, bisexual, trans, non-
Article 37(7).
binary, intersex and queer (LBTIQ) women, women
with disabilities and women with a minority racial
or ethnic background are at a heightened risk of
experiencing gender-based violence.
(12) Victims of violence against women and
2. Member States shall ensure that, in the
domestic violence are at an increased risk of
application of this Directive, particular attention is
intimidation, retaliation, secondary and repeat
paid to the risk of intimidation, retaliation,
victimisation. Particular attention should thus be
secondary and repeat victimisation and to the need
paid to these risks and to the need to protect the
to protect the dignity and physical integrity of
dignity and physical integrity of such victims.
victims.
2
(4) This Directive should apply to criminal conduct
Article 3
which amounts to violence against women or
Scope
domestic violence, as criminalised under Union or
This Directive shall apply to the following criminal
national law. This includes the criminal offences
offences:
defined in this Directive, namely rape, female
(a) criminal offences referred to in Chapter 2;
genital mutilation, the non-consensual sharing of
(b) acts of violence against women or domestic
intimate or manipulated material, cyber stalking,
violence as criminalised under other
cyber harassment, cyber incitement to violence or
instruments of Union law;
hatred and criminal conduct covered by other Union
(c) any other acts of violence against women or
instruments, in particular Directives 2011/36/EU2
domestic violence as criminalised under
and 2011/93/EU3 of the European Parliament and of
national law.
the Council, which define criminal offences
concerning the sexual exploitation of children and
Article 4
trafficking of human beings for the purpose of
Definitions
sexual exploitation. Lastly, certain criminal offences
For the purposes of this Directive, the following
under national law fall under the definition of
definitions shall apply:
violence against women. This includes crimes such
(a) “violence against women” means gender-based
as femicide, sexual harassment, sexual abuse,
violence, that is directed against a woman or a girl
stalking, early and forced marriage, forced abortion,
because she is a woman or a girl or that affects
forced sterilisation and different forms of cyber
women or girls disproportionately, including all acts violence, such as online sexual harassment, cyber
of such violence that result in, or are likely to
bullying or the unsolicited receipt of sexually
result in, physical, sexual, psychological or
explicit material. Domestic violence is a form of
economic harm or suffering, including threats of
violence which may be specifically criminalised
such acts, coercion or arbitrary deprivation of
under national law or covered by criminal offences
liberty, whether occurring in public or in private
which are committed within the family or domestic
life;
unit or between former or current spouses.
(8) Domestic violence is a serious social problem
which often remains hidden. It can lead to serious
(b) “domestic violence” means all acts of violence
psychological and physical trauma with severe
that result in, or are likely to result in, physical,
consequences because the offender typically is a
sexual, psychological or economic harm or
person known to the victims, whom they would
suffering, that occur within the family or domestic
expect to be able to trust. Such violence can take on
unit, irrespective of biological or legal family ties,
various forms, including physical, sexual,
or between former or current spouses or partners,
psychological and economic. Domestic violence
whether or not the offender shares or has shared a
may occur whether or not the offender shares or has
residence with the victim;
shared a household with the victim.
(5) The measures under this Directive have been
designed to address the specific needs of
women and girls, given that they are
disproportionately affected by the forms of
violence covered under this Directive, namely
(c) “victim” means any person, regardless of sex or
violence against women and domestic violence. This
gender, unless specified otherwise, who has suffered Directive, however, acknowledges that other
harm, which was directly caused by acts of violence persons may also fall victim to these forms of
covered under this Directive, including child
violence and should benefit from the measures
witnesses of such violence;
provided for therein. Therefore, the term ‘victim’
should refer to all persons, regardless of their sex or
gender.
(6) Due to their vulnerability, children who witness
violence against women or domestic violence suffer
3
a direct emotional harm, which impacts their
development. Therefore, such children should be
considered victims and benefit from targeted
protection measures.
(17) It is necessary to provide for harmonised
definitions of offences and penalties
regarding certain forms of cyber violence. Cyber
violence particularly targets and impacts women
politicians, journalists and human rights defenders.
It can have the effect of silencing women and
hindering their societal participation on an equal
footing with men. Cyber violence also
disproportionately affects women and girls in
educational settings, such as schools and
universities, with detrimental consequences to their
further education and to their mental health, which
may, in extreme cases, lead to suicide.
(d) “cyber violence” means any act of violence
(18) The use of information and communication
covered by this Directive that is committed, assisted technologies bears the risk of easy, fast
or aggravated in part or fully by the use of
and wide-spread amplification of certain forms of
information and communication technologies;
cyber violence with the effect of
(e) “information and communication technologies”
creating or enhancing profound and long-lasting
means all technological tools and resources used to
harm for the victim. The potential for
digitally store, create, share or exchange
such amplification, which is a pre-requisite for the
information, including smart phones, computers,
perpetration of several offences of
social networking and other media applications and
cyber violence defined under this Directive, should
services;
be reflected by the element of
making certain material accessible, through
information and communication
technologies, to a ‘multitude’ of end-users. The term
‘multitude’ should be understood
as referring to reaching a significant number of end-
users of the technologies in
question, thus allowing for significant access to, and
potential further distribution of
that material. That term should be interpreted and
applied having regard to the relevant
circumstances, including the technologies used to
make that material accessible and
the means these technologies offer for amplification.
(f) “providers of intermediary services” means
providers of the services as defined in
Article 2 point (f) of Regulation (EU) YYYY/XXX
of the European Parliament and
of the Council17 [
Regulation on a Single Market for
Digital Services];
[No specific recital]
(g) “sexual harassment at work” means any form of
unwanted verbal, non-verbal or
physical conduct of a sexual nature, where it occurs
in the course of, linked with, or arising in matters of
employment, occupation and self-employment, with
4
the purpose or effect of violating the dignity of the
victim, in particular when creating an intimidating,
hostile, degrading, humiliating or offensive
environment;
(h) “child” means any person below the age of 18
years;
(i) “age of sexual consent” means the age below
which, in accordance with national law,
it is prohibited to engage in sexual activities with a
child;
(j) “dependant” means a child of the victim or any
person, other than the offender or
suspect, living in the same household as the victim,
for whom the victim is providing
care and support.
CHAPTER 2
OFFENCES CONCERNING SEXUAL EXPLOITATION OF
WOMEN AND CHILDREN AND COMPUTER CRIME
(13) Rape is one of the most serious offences
breaching a person’s sexual integrity and is a
crime that disproportionately affects women. It
Article 5
entails a power imbalance between the
Rape
offender and the victim, which allows the offender
1. Member States shall ensure that the following
to sexually exploit the victim for
intentional conduct is punishable as a criminal
purposes such as personal gratification, asserting
offence:
domination, gaining social recognition,
(a) engaging with a woman in any non-consensual
advancement or possibly financial gain. Many
act of vaginal, anal or oral
Member States still require the use of force, threats
penetration of a sexual nature, with any bodily part
or coercion for the crime of rape. Other Member
or object;
States solely rely on the condition that the victim
(b) causing a woman to engage with another person
has not consented to the sexual act. Only the latter
in any non-consensual act of
approach achieves the full protection of the sexual
vaginal, anal or oral penetration of a sexual nature,
integrity of victims. Therefore, it is
with any bodily part or
necessary to ensure equal protection throughout the
object.
Union by providing the constitutive elements of the
crime of rape of women. .
2. Member States shall ensure that a non-consensual
act is understood as an act which is performed
(14) Rape should explicitly include all types of
without the woman’s consent given voluntarily or
sexual penetration, with any bodily part or
where the woman is unable to form a free will due
object. The lack of consent should be a central and
to her physical or mental condition, thereby
constitutive element of the
exploiting her incapacity to form a free will, such as definition of rape, given that frequently no physical
in a state of unconsciousness, intoxication, sleep,
violence or use of force is
illness, bodily injury or disability.
involved in its perpetration. Initial consent should be
withdrawable at any given time during the act, in
3. Consent can be withdrawn at any moment during line with the sexual autonomy of the victim, and
the act. The absence of consent cannot be refuted
should not automatically imply consent for future
exclusively by the woman’s silence, verbal or
acts. Non-consensual sexual penetration should
physical non-resistance or past sexual conduct.
constitute rape even where committed against a
spouse or intimate partner.
5
(16) In order to address the irreparable and lifelong
damage female genital mutilation has
on victims, this offence should be specifically and
adequately addressed in the criminal laws. Female
genital mutilation is an exploitative practice that
pertains to the sexual organs of a girl or a woman
and that is performed for the purpose of preserving
Article 6
and asserting domination over women and girls and
Female genital mutilation
exerting social control over girls and women’s
Member States shall ensure that the following
sexuality. It is sometimes performed in the context
intentional conduct is punishable as a criminal
of child forced marriage or domestic violence.
offence:
Female genital mutilation may occur as a traditional
(a) excising, infibulating or performing any other
practice which some communities perform on their
mutilation to the whole or any part of
female members. It should cover practices
the
labia majora,
labia minora or clitoris;
undertaken for non-medical reasons. The term
(b) coercing or procuring a woman or a girl to
“excising” should refer to the partial or total
undergo any of the acts referred to in
removal of the clitoris and the labia majora.
point (a).
“Infibulating” should cover the closure of the labia
majora by partially sewing together the outer lips of
the
vulva in order to narrow the vaginal opening. The
term “performing any other mutilation” should refer
to all other physical alterations of the female
genitals.
(17) It is necessary to provide for harmonised
definitions of offences and penalties
regarding certain forms of cyber violence. Cyber
violence particularly targets and impacts women
politicians, journalists and human rights defenders.
It can have the effect of silencing women and
hindering their societal participation on an equal
footing with men. Cyber violence also
disproportionately affects women and girls in
educational settings, such as schools and
universities, with detrimental consequences to their
further education and to their mental health, which
may, in extreme cases, lead to suicide.
[This recital concern all the articles related to
cyber violence]
(18) The use of information and communication
technologies bears the risk of easy, fast
and wide-spread amplification of certain forms of
cyber violence with the effect of
creating or enhancing profound and long-lasting
harm for the victim. The potential for
such amplification, which is a pre-requisite for the
perpetration of several offences of
cyber violence defined under this Directive, should
be reflected by the element of
making certain material accessible, through
information and communication
technologies, to a ‘multitude’ of end-users. The term
‘multitude’ should be understood
as referring to reaching a significant number of end-
6
users of the technologies in
question, thus allowing for significant access to, and
potential further distribution of
that material. That term should be interpreted and
applied having regard to the relevant
circumstances, including the technologies used to
make that material accessible and
the means these technologies offer for amplification.
(19) Especially due to its tendency for easy, swift
and broad distribution and perpetration,
as well as its intimate nature, the non-consensual
making accessible of intimate images
or videos and material that depict sexual activities,
to a multitude of end-users, by means of information
and communication technologies, can be very
harmful for the victims. The offence provided for in
Article 7
this Directive should cover all types of such
Non-consensual sharing of intimate or
material, such as images, photographs and videos,
manipulated material
including sexualized images, audio clips and video
Member States shall ensure that the following
clips. It should relate to situations where the making
intentional conduct is punishable as a criminal
accessible of the material to a multitude of end-
offence:
users, through information and communication
(a) making intimate images, or videos or other
technologies, occurs without the victim’s consent,
material depicting sexual activities, of another
irrespective of whether the victim consented to the
person without that person’s consent accessible to a generation of such material or may have transmitted
multitude of end-users by means of information and it to a particular person. The offence should also
communication technologies;
include the non-consensual production or
(b) producing or manipulating and subsequently
manipulation, for instance by image editing, of
making accessible to a multitude of
material that makes it appear as though
end-users, by means of information and
another person is engaged in sexual activities,
communication technologies, images, videos
insofar as the material is subsequently
or other material, making it appear as though
made accessible to a multitude of end-users, through
another person is engaged in sexual activities,
information and communication
without that person’s consent;
technologies, without the consent of that person.
(c) threatening to engage in the conduct referred to
Such production or manipulation
in points (a) and (b) in order to
should include the fabrication of ‘deepfakes’, where
coerce another person to do, acquiesce or refrain
the material appreciably resembles an existing
from a certain act.
person, objects, places or other entities or events,
depicting sexual activities of another person, and
would falsely appear to others to be authentic
or truthful. In the interest of effectively protecting
victims of such conduct, threatening
to engage in such conduct should be covered as
well.
(20) Cyber stalking is a modern form of violence
Article 8
which is often perpetrated against family
Cyber stalking
members or persons living in the same household,
Member States shall ensure that the following
but also perpetrated by ex-partners
intentional conduct is punishable as a criminal
or acquaintances. Typically, technology is misused
offence:
by the offender to proceed to
(a) persistently engaging in threatening or
intensify coercive and controlling behaviour,
intimidating conduct directed at another
manipulation and surveillance, thereby
7
person, by means of information and
increasing the victim’s fear, anxiety and gradual
communication technologies, which causes that the
isolation from friends and family.
person fears for own safety or that the person fears
Therefore, minimum rules on cyber stalking should
for safety of dependants;
be established. The offence of cyber stalking should
(b) placing another person under continuous
cover the continuous surveillance of the victim
surveillance, without that person’s consent
without their consent or legal authorisation by
or legal authorisation to do so, by means of
means of information and communication
information and communication
technologies. This might be enabled by processing
technologies, to track or monitor that person’s
the victim’s personal data, such as through identity
movements and activities;
theft or the spying out of such data on their various
(c) making material containing the personal data of
social media or
another person, without that person’s
messaging platforms, their emails and phone,
consent, accessible to a multitude of end-users, by
stealing passwords or hacking their devices to
means of information and communication
access their private spaces, via the installation of
technologies, for the purpose of inciting those end-
geo-localisation apps, including stalkerware, or via
users to cause physical or significant psychological
stealing their devices. Furthermore, stalking should
harm to the person.
cover the monitoring of victims, without that
person’s consent or authorisation, via technology
devices connected through the Internet of Things,
such as smart home
appliances.
(21) Minimum rules concerning the offence of cyber
harassment should be laid down to
counter initiating an attack with third parties or
Article 9
participating in such an attack directed
Cyber harassment
at another person, by making threatening or
Member States shall ensure that the following
insulting material accessible to a multitude of end-
intentional conduct is punishable as a criminal
users. Such broad attacks, including coordinated
offence:
online mob attacks, may morph into offline assault
(a) initiating an attack with third parties directed at
or cause significant psychological injury and in
another person, by making
extreme cases lead to suicide of the victim. They
threatening or insulting material accessible to a
often target prominent (female)
multitude of end-users, by means of
politicians, journalists or otherwise well-known
information and communication technologies, with
persons, but they can also occur in
the effect of causing significant
different contexts, for instance on campuses or in
psychological harm to the attacked person;
schools. Such online violence should
(b) participating with third parties in attacks referred be addressed especially where the attacks occur on a
to in point (a).
wide-scale, for example in the
form of pile-on harassment by a significant amount
of people.
(22) The increase in internet and social media usage
Article 10
has led to a sharp rise in public
Cyber incitement to violence or hatred
incitement to violence and hatred, including based
Member States shall ensure that the intentional
on sex or gender, over the past
conduct of inciting to violence or hatred
years. The easy, fast and broad sharing of hate
directed against a group of persons or a member of
speech through the digital word is
such a group defined by reference to sex or gender,
reinforced by the online disinhibition effect, as the
by disseminating to the public material containing
presumed anonymity on the internet and sense of
such incitement by means of information and
impunity reduce people’s inhibition to engage in
communication technologies is punishable as a
such speech.
criminal offence.
Women are often the target of sexist and
misogynous hate online, which can escalate into
hate crime offline. This needs to be intercepted at an
8
early stage. The language used in this type of
incitement does not always directly refer to the sex
or gender of
the targeted person(s), but the biased motivation can
be inferred from the overall content or context of the
incitement.
(23) The offence of cyber incitement to violence or
hatred presupposes that the incitement
is not expressed in a purely private context, but
publicly through the use of information and
communication technologies. Therefore, it should
require dissemination to the public, which should be
understood as entailing the making
accessible, through information and
communications technologies, of a given item of
material inciting to violence or hatred to a
potentially unlimited number of persons, namely
making the material easily accessible to users in
general, without requiring further action by the
person who provided the material, irrespective of
whether those persons actually access the
information in question. Accordingly, where access
to the material requires registration or admittance to
a group of users, that information should be
considered to be disseminated to the public only
where users seeking to access the material are
automatically registered or admitted without a
human decision or selection of whom to grant
access. In assessing whether material qualifies as
amounting to incitement to hatred or violence, the
competent authorities should take
into account the fundamental rights to freedom of
expression as enshrined in Article 11 of the Charter.
Article 11
Incitement, aiding and abetting, and attempt
1. Member States shall ensure that inciting and
aiding and abetting the commission of
any of the criminal offences referred to in Articles 5
[No specific recital]
to 9 are punishable as criminal offences.
2. Member States shall ensure that an attempt to
commit any of the criminal offences
referred to in Articles 5 and 6 is punishable as a
criminal offence.
Article 12
Penalties
1. Member States shall ensure that the criminal
offences referred to in Articles 5 to 11
[No specific recital]
are punishable by effective, proportionate and
dissuasive criminal penalties.
2. Member States shall ensure that the criminal
offence referred to in Article 5 is
9
punishable by a maximum penalty of at least 8 years
of imprisonment and at least 10
years of imprisonment if the offence was committed
under aggravating
circumstances referred to in Article 13.
3. Member States shall ensure that an offender of
the criminal offence referred to in
(15) With regard to offences amounting to rape,
Article 5, who has previously been convicted of
offenders who have been previously convicted of
offences of the same nature,
offences of the same nature should be obliged to
mandatorily participates in an intervention
participate in intervention programmes to mitigate
programme referred to in Article 38.
the risk of recidivism.
4. Member States shall ensure that the criminal
offence referred to in Article 6 is
punishable by a maximum penalty of at least 5 years
of imprisonment and at least 7
years of imprisonment if the offence was committed
under aggravating
circumstances referred to in Article 13.
5. Member States shall ensure that the criminal
[No specific recital]
offences referred to in Articles 8 and 10
are punishable by a maximum penalty of at least 2
years of imprisonment.
6. Member States shall ensure that the criminal
offences referred to in Articles 7 and 9
are punishable by a maximum penalty of at least 1
year of imprisonment.
Article 13
Aggravating circumstances
In so far as the following circumstances do not
already form part of the constituent elements
of the criminal offences referred to in Articles 5 to
10, Member States shall ensure that they
may be regarded as aggravating circumstances in
relation to those offences:
(a) the offence, or another criminal offence of
violence against women or domestic
violence, was committed repeatedly;
(b) the offence was committed against a person
made vulnerable by particular
circumstances, such as a situation of dependence or
[No specific recital]
a state of physical, mental,
intellectual or sensory disability, or living in
institutions;
(c) the offence was committed against a child;
(d) the offence was committed in the presence of a
child;
(e) the offence was committed by two or more
persons acting together;
(f) the offence was preceded or accompanied by
extreme levels of violence;
(g) the offence was committed with the use or threat
of using a weapon;
10
(h) the offence was committed with the use of force
or threats to use force, or coercion;
(i) the offence resulted in the death or suicide of the
victim or severe physical or
psychological harm for the victim;
(j) the offender has previously been convicted of
offences of the same nature;
(k) the offence was committed against a former or
current spouse or partner;
(l) the offence was committed by a member of the
family or person cohabiting with the
victim;
(m) the offence was committed by abusing a
recognised position of trust, authority or
influence;
(n) the offence was filmed, photographed or
recorded in another form and made
accessible by the offender;
(o) the offence was committed by causing the victim
to take, use or be affected by drugs,
alcohol or other intoxicating substances.
Article 14
Jurisdiction
1. Member States shall take the necessary measures
to establish their jurisdiction over the criminal
offences referred to in Articles 5 to 11 where:
(a) the offence is committed in whole or in part
within their territory;
(b) the offence is committed by one of their
nationals.
2. A Member State shall inform the Commission
where it decides to extend its
jurisdiction to criminal offences referred to in
Articles 5 to 11 which have been
committed outside its territory in any of the
following situations:
[No specific recital]
(a) the offence is committed against one of its
nationals or habitual residents in its
territory;
(b) the offender is a habitual resident in its territory.
3. Member States shall ensure that their jurisdiction
established over the criminal offences referred to in
Articles 7 to 10 includes situations where the
offence is committed by means of information and
communication technology accessed from
their territory, whether or not the provider of
intermediary services is based on their territory.
4. In cases referred to in paragraph 1, point (b), each
Member State shall ensure that its
11
jurisdiction is not subject to the condition that the
acts are punishable as criminal offences in the
country where they were performed.
5. In cases referred to in paragraph 1, point (b),
Member States shall ensure that the
exercise of their jurisdiction is not subject to the
condition that a prosecution can be initiated only
following a report made by the victim in the place
where the criminal offence was committed, or a
denunciation from the State of the place where the
criminal offence was committed.
Article 15
Limitation periods
1. Member States shall take the necessary measures
to provide for a limitation period
that enables the investigation, prosecution, trial and
judicial decision concerning criminal offences
referred to in Articles 5 to 11 for a sufficient period
of time after the commission of those criminal
offences.
2. Member States shall take the necessary measures
to provide for a limitation period
for criminal offences referred to in Article 5 of at
least 20 years from the time when the offence was
committed.
3. Member States shall take the necessary measures
to provide for a limitation period
for criminal offences referred to in Article 6 of at
least 10 years from the time when the offence was
[No specific recital]
committed.
4. Member States shall take the necessary measures
to provide for a limitation period for criminal
offences referred to in Articles 7 and 9 of at least 5
years after the criminal offence has ceased or the
victim has become aware of it.
5. Member States shall take the necessary measures
to provide for a limitation period
for the criminal offences referred to in Articles 8
and 10, of at least 7 years after the
criminal offence has ceased or the victim has
become aware of it.
6. If the victim is a child, the limitation period shall
commence at the earliest once the victim has
reached 18 years of age.
12
CHAPTER 3
PROTECTION OF VICTIMS AND ACCESS TO JUSTICE
Article 16
Reporting of violence against women or domestic (24) Victims should be able to report crimes of
violence
violence against women or domestic
1. In addition to the rights of victims when making a violence easily without being subject to secondary
complaint under Article 5 of Directive 2012/29/EU, or repeat victimisation. To this end,
Member States shall ensure that victims can report
Member States should provide the possibility to
criminal offences of violence against women or
submit complaints online or through
domestic violence to the competent authorities in an other information and communication technologies
easy and accessible manner. This shall include the
for the reporting of such crimes.
possibility of reporting criminal offences online or
Victims of cyber violence should be able to upload
through other information and communication
materials relating to their report, such as screenshots
technologies, including the possibility to submit
of the alleged violent behaviour.
evidence, in particular concerning reporting of
criminal offences of cyber violence.
2. Member States shall take the necessary measures
to encourage any person who
knows about or suspects, in good faith, that offences
of violence against women or
domestic violence have occurred, or that further acts
[No specific recital] of violence are to be expected,
to report this to the competent authorities.
(25) In the case of domestic violence and violence
against women, especially when
committed by close family members or intimate
partners, victims may be under such
duress by the offender that they fear to reach out to
the competent authorities, even if their lives are in
danger. Therefore, Member States should ensure
3. Member States shall ensure that the
their confidentiality rules do not constitute an
confidentiality rules imposed by national law on
obstacle for relevant professionals, such as
relevant professionals, such as healthcare
healthcare
professionals, do not constitute an obstacle
professionals, to report to the competent authorities,
to their reporting to the competent authorities if they where they have reasonable
have reasonable grounds to believe that there is an
grounds to believe that the life of the victim is at an
imminent risk that serious physical harm will be
imminent risk of serious physical
inflicted on a
harm. Similarly, instances of domestic violence or
person due to their being subject to any of the
violence against women affecting
offences covered under this Directive.
children are often only intercepted by third parties
If the victim is a child, the relevant professionals
noticing irregular behaviour or
shall be able to report to the competent authorities if physical harm to the child. Children need to be
they have reasonable grounds to believe that a
effectively protected from such forms
serious act of violence covered under this Directive
of violence and adequate measures promptly taken.
has been committed or further serious acts of
Therefore, relevant professionals
violence are to be expected.
coming in contact with child victims or potential
child victims, including healthcare or
education professionals, should equally not be
constrained by confidentiality where
they have reasonable grounds to believe that serious
acts of violence under this Directive have been
committed against the child or further serious acts
are to be expected. Where professionals report such
13
instances of violence, Member States should ensure
that they are not held liable for breach of
confidentiality
4. Where children report criminal offences of
violence against women or domestic
violence, Member States shall ensure that the
(26) In order to tackle underreporting in the cases
reporting procedures are safe, confidential, designed when the victim is a child, safe and
and accessible in a child-friendly manner and
child-friendly reporting procedures should be
language, in accordance with their age and maturity. established. This can include
If the offence involves the holder of parental
questioning by competent authorities in simple and
responsibility, Member States should ensure
accessible language.
reporting is not conditional upon this
person’s consent.
5. Member States shall ensure that the competent
authorities coming in contact with a
victim reporting offences of violence against
women or domestic violence are
prohibited from transferring personal data
pertaining to the residence status of the
[No specific recital]
victim to competent migration authorities, at least
until completion of the first
individual assessment referred to in Article 18.
Article 17
(27) Delays in processing complaints of violence
Investigation and prosecution
against women and domestic violence can
1. Member States shall ensure that persons, units or
bear particular risks to victims thereof, given that
services investigating and
they might still be in immediate
prosecuting violence against women or domestic
danger given that offenders might often be close
violence have sufficient expertise
family members or spouses.
and effective investigative tools to effectively
Therefore, the competent authorities should have the
investigate and prosecute such crimes,
sufficient expertise and effective investigative tools
especially to gather, analyse and secure electronic
to investigate and prosecute such crimes.
evidence in cases of cyber violence.
2. Member States shall ensure that reported offences
of violence against women or
domestic violence are processed and transferred
without delay to the competent
authorities for prosecution and investigation.
3. The competent authorities shall promptly and
effectively record and investigate
allegations of violence against women or domestic
[No specific recital]
violence and ensure that an official complaint is
filed in all cases.
4. The competent authorities shall promptly refer
victims to relevant health care
professionals or support services referred to in
Articles 27, 28 and 29 to assist in securing evidence,
in particular in cases of sexual violence, where the
14
victim wishes to bring charges and make use of
such services.
5. Investigations into or prosecution of offences
referred to in Article 5 shall not be
dependent on reporting or accusation by a victim or
by their representative, and
criminal proceedings shall continue even if the
report or accusation has been withdrawn.
Article 18
Individual assessment to identify victims’
protection needs
1. In the framework of the individual assessment
which is to be carried out under
Article 22 of Directive 2012/29/EU, Member States
shall ensure that, as regards
victims covered by this Directive, the additional
elements as set out in paragraphs 2
to 7 of this Article are assessed.
[No specific recital]
2. This individual assessment shall be initiated
upon the first contact of the victim with the
competent authorities. The competent judicial
authorities shall verify at the latest
at the initiation of criminal proceedings whether an
assessment has been conducted.
If this has not been the case, they shall remedy the
situation by undertaking an assessment as soon as
possible.
3. The individual assessment shall focus on the risk
emanating from the offender or
suspect, including the risk of repeated violence, the
risk of bodily harm, the use of
(28) Victims of domestic violence and violence
weapons, the offender or suspect living with the
against women are typically in need of
victim, an offender or suspect’s drug
immediate protection or specific support, for
or alcohol misuse, child abuse, mental health issues
example in the case of intimate partner
or behaviour of stalking.
violence, where the rate of recidivism tends to be
high. Therefore, an individual
assessment to identify the victim’s protection needs
5. Member States shall ensure that adequate
should be conducted upon the
protection measures are taken on the basis
very first contact of competent authorities with the
of the individual assessment, such as:
victim or as soon as suspicion
(a) measures referred to in Articles 23 and 24 of
arises that the person is a victim of violence against
Directive 2012/29/EU;
women or domestic violence. This can be done
(b) the granting of emergency barring and
before a victim has formally reported an offence or
restraining or protection orders pursuant
proactively if a third party reports the offence.
to Article 21 of this Directive;
(c) further measures to manage the offender or
suspect’s behaviour, in particular under Article 38
of this Directive.
15
4. The assessment shall take into account the
(29) When assessing the victim’s protection and
victim’s individual circumstances,
support needs, the primary concern should
including whether they experience discrimination
lie in safeguarding the victim’s safety and providing
based on a combination of sex and
tailored support, taking into account, among other
other grounds and therefore face a heightened risk
matters, the individual circumstances of the victim.
of violence, as well as the victim’s
Such circumstances requiring special attention could
own account and assessment of the situation. It shall include the victim’s pregnancy or the
be conducted in the best interest
victim’s dependence on or relationship to the
of the victim, paying special attention to the need to offender.
avoid secondary or repeated victimisation.
(30) In order to ensure comprehensive support and
protection to victims, all competent
authorities and relevant bodies, not limited to law
enforcement and judicial authorities,
should be involved in assessing the risks for victims
6. The individual assessment shall be undertaken in
and appropriate support measures
collaboration with all relevant
on the basis of clear guidelines issued by the
competent authorities depending on the stage of the
Member States. Such guidelines should
proceedings, and relevant
include factors to be taken into consideration when
support services, such as victim protection centres
assessing the risk emanating from
and women’s shelters, social services and healthcare the offender or suspect, including the consideration
professionals.
that suspects charged with minor
offences are as likely to be dangerous as those
charged with more severe offences,
especially in cases of domestic violence and
stalking.
7. Competent authorities shall update the individual
assessment at regular intervals to
ensure the protection measures relate to the victim’s
current situation. This shall
[No specific recital]
include an assessment of whether protection
measures, in particular under Article 21,
need to be adapted or taken.
(31) Due to their vulnerability to secondary and
repeat victimisation, to intimidation and to
retaliation, and the fact that they suffer emotional
harm that prejudices their
development, the victim’s children should receive
8. Victims’ dependants shall be presumed to have
the same protection measures as
specific protection needs without
those accorded to the victim. Other persons
undergoing the assessment referred to in paragraphs dependant on the victim, such as adults
1 to 6.
with disabilities or older dependant adults for whom
the victim provides care, may
experience similar emotional harm and should thus
be accorded the same protection
measures.
16
Article 19
Individual assessment of victims’ support needs
1. Member States shall ensure that, taking into
account the individual assessment
referred to in Article 18, the competent authorities
assess the victim’s and their
dependant’s individual needs for support as
[No specific recital]
provided for under Chapter 4.
2. Article 18(4) and (7) shall apply to the individual
assessment of support needs under
paragraph 1 of this Article.
Article 20
Referral to support services
1. If the assessments referred to in Articles 18 and
19 have identified specific support or
(32…) Victims of violence against women and
protection needs or if the victim requests support,
domestic violence are often in need of specific
Member States shall ensure that
support. To ensure they effectively receive offers of
support services contact victims to offer support.
support, the competent authorities
should refer victims to appropriate support services.
2. The competent authorities shall respond to
This should in particular be the
requests for protection and support in a
case where an individual assessment has found
timely and coordinated manner.
particular support needs of the victim.
In that case, support services should be able to reach
3. Where needed, they shall be able to refer child
out to the victim even without the
victims, including witnesses, to
victim’s consent.
support services without the prior consent of the
holder of parental responsibility.
(…32) For the processing of related personal data
by competent authorities,
Member States should ensure that it is based on law,
in accordance with Article
4. Member States shall ensure the transmission of
6(1)(c) read in conjunction with Article (6)(2) and
relevant personal data concerning the
(3) of Regulation (EU) 2016/679 of
victim and their situation to the relevant support
the European Parliament and of the Council7. Such
services, where this is necessary to
laws should include appropriate
ensure that the victim receives appropriate support
personal data safeguards that respect the essence of
and protection. Such transmission
the right to data protection and
shall be confidential.
provide for suitable and specific measures to
safeguard the fundamental rights and the
5. Support services shall store personal data for as
interests of the individuals. Where competent
long as necessary for the provision
authorities transfer victims’ personal
of support services, and in any event for no longer
data to support services for victims’ referral, they
than 12 months after the last
should ensure that the data
contact between the support service and the victim.
transferred is limited to what is necessary to inform
the services of the circumstances
of the case, so that victims receive appropriate
support and protection.
17
Article 21
Emergency barring, restraining and protection
(33) Member States should take the necessary
orders
measures to ensure the availability of
1. Member States shall ensure that, in situations of
emergency barring, restraining and protection orders
immediate danger for the victim’s or
to ensure effective protection of
their dependant’s health or safety, the competent
victims and their dependants.
authorities issue orders addressed at
an offender or suspect of violence covered by this
(34) Member States should ensure that emergency
Directive to vacate the residence
barring orders may be issued in
of the victim or their dependants for a sufficient
situations of immediate danger, such as where harm
period of time and to prohibit the
is imminent or has already
offender or suspect from entering the residence or to materialised and is likely to be inflicted again.
enter the victim’s workplace or
contacting the victim or their dependants in any
(35) Protection orders may include prohibiting the
way. Such orders shall have
offender or suspect to access certain
immediate effect and not be dependent on a victim
localities; to approach the victim or dependant
reporting the criminal offence.
closer than a prescribed distance or to
contact them, including through the use of online
interfaces and to possess firearms or
deadly weapons, where necessary.
2. Member States shall ensure that the competent
authorities can issue restraining or
protection orders to provide long-term protection for
victims or their dependants
against any acts of violence covered by this
[No specific recital]
Directive, including by prohibiting or
restraining certain dangerous behaviour of the
offender or suspect.
3. Member States shall ensure that the competent
authorities inform victims of the
possibility to apply for emergency barring and
restraining or protection orders, as
well as the possibility to seek cross-border
recognition of protection orders pursuant
to Directive 2011/99/EU or Regulation (EU) No
606/2013.
(36) In order to safeguard the effectiveness of
emergency barring, restraining and
protection orders, breaches of such orders should be
4. Any breaches of emergency barring or restraining subject to penalties. Those
and protection orders shall be
penalties can be of a criminal law or other legal
subject to effective, proportionate and dissuasive
nature and may include prison
criminal or other legal penalties.
sentences, fines or any other legal penalty that is
effective, proportionate and
dissuasive.
5. This Article does not oblige the Member States to
modify their national systems as
regards the qualification of emergency barring
[No specific recital]
orders and protection orders as falling
under criminal, civil or administrative law.
18
(37) Presenting evidence of past sexual behaviour to
challenge the credibility and lack of
Article 22
consent of victims in sexual violence cases,
Protection of victim’s private life
especially rape cases, may reinforce the
Without prejudice to the rights of defence, Member
perpetuation of damaging stereotypes of victims and
States shall ensure that, in criminal
lead to repeat or secondary
investigations and court proceedings, questions,
victimisation. Therefore, without prejudice to the
enquiries and evidence concerning past sexual
rights of defence, questions,
conduct of the victim or other aspects of the
enquiries and evidence concerning past sexual
victim’s private life related thereto are not
conduct of the victim should not be
permitted.
permitted in criminal investigations and court
proceedings.
Article 23
Guidelines for law enforcement and judicial
authorities
Member States shall issue guidelines for the
competent authorities acting in criminal
proceedings, including prosecutorial and judicial
(30) In order to ensure comprehensive support and
guidelines, concerning cases of violence
protection to victims, all competent
against women or domestic violence. Those
authorities and relevant bodies, not limited to law
guidelines shall include guidance on:
enforcement and judicial authorities,
(a) how to ensure the proper identification of all
should be involved in assessing the risks for victims
forms of such violence;
and appropriate support measures
(b) how to conduct the individual assessment under
on the basis of clear guidelines issued by the
Articles 18 and 19;
Member States. Such guidelines should
(c) how to treat victims in a trauma-, gender- and
include factors to be taken into consideration when
child-sensitive manner;
assessing the risk emanating from
(d) how to ensure the proceedings are conducted in
the offender or suspect, including the consideration
a manner as to prevent
that suspects charged with minor
secondary or repeat victimisation;
offences are as likely to be dangerous as those
(e) how to cater to the enhanced protection and
charged with more severe offences,
support needs of victims
especially in cases of domestic violence and
experiencing discrimination based on a combination stalking.
of sex and other grounds;
(f) how to avoid gender stereotypes;
(g) how to refer victims to support services, to
ensure the appropriate treatment of
victims and handling of cases of violence against
women or domestic violence.
Article 24
(38-..) Given the complexities and gravity of
Role of national bodies and equality bodies
offences of violence against women and
1. Member States shall designate and make the
domestic violence and specific support needs of
necessary arrangement for a body or
victims, Member States should ensure
bodies to carry out the following tasks:
additional support and prevention of such offences
(a) provide independent assistance and advice to
is provided by designated bodies.
victims of violence against
Given their expertise in matters of discrimination on
women and domestic violence;
grounds of sex, national equality
(b) publish independent reports and make
bodies, set up in accordance with Directives
recommendations on any issue
2004/113/EC8, 2006/54/EC9 and
relating to such forms of violence;
2010/41/EU10 of the European Parliament and of
(c) exchange available information with
the Council, are well placed to fulfil
corresponding European bodies
these tasks.
19
such as the European Institute for Gender Equality.
Those bodies may form part of equality bodies set
up pursuant to Directives
2004/113/EC, 2006/54/EC and 2010/41/EU.
2. Member States shall ensure that the bodies
(..-38) Such bodies should in addition have legal
referred to in paragraph 1 can act on
standing to act on behalf or in
behalf or in support of one or several victims of
support of victims of all forms of violence against
violence against women or domestic
women or domestic violence in
violence in judicial proceedings, including for the
judicial proceedings, including for the application
application for compensation
for compensation and removal of
referred to in Article 26 and removal of online
online illegal content, with the victims’ approval.
content referred to in Article 25, with
This should include the possibility of
the victims’ approval.
acting on behalf or in support of several victims
together. To enable these bodies to
effectively carry out their tasks, Member States
should ensure that they are provided
with sufficient human and financial resources.
(39) Certain offences covered by this Directive
involve the increased risk of repeated,
prolonged or even continuous victimisation. That
risk occurs especially in relation to
offences involving the making accessible to a
multitude of end-users, through
information and communication technologies, of
material, resulting from certain
Article 25
offences of cyber violence, considering the ease and
Measures to remove certain online material
speed with which such material
1. Member States shall take the necessary measures
can be distributed on a large scale and the
to ensure the prompt removal of
difficulties that often exist when it comes to
material referred to in Article 7, points (a) and (b),
removing such material. That risk typically remains
Article 8, point (c), and Articles 9 and 10. Those
even after a conviction. Therefore,
measures shall include the possibility for their
in order to effectively safeguard the rights of the
competent judicial authorities to issue, upon
victims of those offences, Member
application by the victim, binding legal orders to
States should be required to take suitable measures
remove or disable access to such material addressed aimed at the removal of the
to relevant providers of intermediary services.
material in question. Considering that removal at the
source may not always be
feasible, for instance because of legal or practical
difficulties relating to the execution
or enforcement of an order to remove, Member
States should also be allowed to
provide for measures to disable access to such
material.
2. Member States shall ensure that orders referred to (40) Those measures should include, in particular,
in paragraph 1 can be issued in
empowering national judicial authorities
interim proceedings, even prior to the termination of to issue orders to providers of intermediary services
any criminal proceedings
to remove, or also to disable access to, one or more
regarding the offences referred to in Article 7,
specific items of the material in question. Those
points (a) and (b), Article 8, point (c),
orders should
Article 9 or Article 10 where the judicial authority
be issued upon a sufficiently reasoned and
seized considers that:
substantiated request of the victim.
(a) it has been presented with sufficient evidence to
Considering the speed with which such material can
justify the conclusion that the
spread online and the time it can
20
conduct referred to in Article 7, points (a) and (b),
take to complete criminal proceedings against the
Article 8, point (c), Article 9
persons suspected of having
or Article 10 likely took place in respect of the
committed the relevant offences, it is necessary for
applicant and that the material
the effective protection of the
that is the object of the application constitutes
victims’ rights to provide for the possibility of
material as referred to in those
issuing, subject to certain conditions,
articles;
such orders by means of interim measures, even
(b) the removal of that material is necessary to
prior to the termination of such
prevent or limit significant harm to
criminal proceedings.
the victim;
(c) the rights and interests of other parties involved
associated with the potential
removal are not such as to outweigh those of the
victim associated with
removal.
3. Member States shall ensure that orders referred to
in paragraph 1 and 2 are valid for
(41) Any such measures to remove or disable
an appropriate time period not exceeding one year,
access, including in particular such orders,
subject to renewal for an
are liable to affect the right and interests of other
additional appropriate time period, upon application parties than the victims, such as the
by the victim, where the judicial
persons providing the material, the intermediary
authority seized considers that the conditions of
service providers whose services may
paragraph 2 continue to be met.
be used and the end-users of those services, as well
However, Member States shall ensure that, where
the general interest. Therefore, it
criminal proceedings regarding the
should be ensured that those orders and other
offences referred to in Article 7, point (a) and (b),
measures can only be taken in a
Article 8, point (c), Article 9 or
transparent manner and that adequate safeguards are
Article 10 are terminated without leading to the
provided for, so as to ensure that
finding of such an offence having
they remain limited to what is necessary and
been committed, the orders are invalidated and the
proportionate, legal certainty is ensured,
provider of intermediary services
all affected parties can exercise their right to
concerned is informed thereof.
effective judicial redress in accordance
with national law, and a fair balance is struck
4. Member States shall ensure that the orders and
between all rights and interests involved,
other measures referred to in
including the fundamental rights of all parties
paragraphs 1 and 2 are taken following transparent
concerned in compliance with the
procedures and are subject to
Charter. A careful weighting of all rights and
adequate safeguards, in particular to ensure that
interests at stake on a case-by-case basis
those orders and other measures are
is particularly important in proceedings for interim
limited to what is necessary and proportionate and
measures. Those orders should, as
that due account is taken of the
a general rule, be addressed to the specific provider
rights and interests of all parties involved.
of intermediary services that is
best placed to act, in particular so as to limit any
5. Member States shall ensure that the end-users of
possible negative effects for freedom
the relevant services are informed,
of expression and information.
where appropriate by the intermediary service
providers concerned, of the reasons
for the removal of or disabling access to the
material pursuant to the orders or other
measures referred to in paragraphs 1 and 2 and that
those end-users have access to judicial redress.
6. Member States shall ensure that the removal of or (43) Considering the potential importance of
disabling access to the material
material that may be the object of the orders
21
pursuant to the orders or other measures referred to
or other measures taken under this Directive to
in paragraphs 1 and 2 does not
remove or disable access thereto for
prevent the competent authorities from obtaining or
investigating or prosecuting the relevant offences
securing the evidence necessary
under criminal law, the necessary
for the investigation and prosecution of the offences measures should be taken to allow the competent
referred to in Article7, points (a)
authorities to obtain or secure such
and (b), Article 8, point (c), Article 9 or Article 10.
material, where necessary. Those measures could
consist, for example, of requiring
relevant intermediary service providers to transmit
the material to those authorities or
to preserve the material for a limited period that
does not go beyond what is necessary.
Any such measures should ensure the security of the
material, remain limited to what
is reasonable and comply with the applicable rules
on the protection of personal data.
(42) The provisions of this Directive on orders and
other measures for the removal and
disabling access to relevant material should leave
the relevant rules contained in
Regulation XX/YYYY [proposed DSA Regulation]
unaffected. In particular, those
orders should comply with the prohibition of
imposing general obligations of
monitoring or active fact-finding and with the
specific requirements of that Regulation
regarding orders to remove illegal content online.
Article 26
Compensation from offenders
1. Member States shall ensure that victims have the
(44) In order to avoid secondary victimisation,
right to claim full compensation
victims should be able to obtain
from offenders for damages resulting from all forms compensation in the course of criminal proceedings.
of violence against women or
Compensation from the offender
domestic violence.
should be full and should not be restricted by a fixed
upper limit. It should cover all
2. Member States shall ensure that victims are able
harm and trauma experienced by victims and costs
to obtain a decision on compensation in the course
incurred to manage the damages,
of criminal proceedings.
including among other things therapy costs, impact
on the victim’s employment
3. The compensation shall place victims in the
situation, loss of earnings, psychological damages,
position they would have been in had the
and moral prejudice due to the
offence not taken place, taking into account the
violation of dignity. The amount of compensation
seriousness of the consequences for
should reflect that victims of
the victim. Compensation shall not be restricted by
domestic violence may have to uproot their lives in
the fixing of an upper limit.
order to seek safety, entailing a
possible change of employment or finding new
4. The damage shall include costs for healthcare
schools for children or even creating a
services, support services,
new identity.
rehabilitation, loss of income and other reasonable
costs that have arisen as a result
of the offence or to manage its consequences. The
amount of the damages awarded
22
shall also compensate for physical and
psychological harm and moral prejudice.
5. The limitation period for bringing a claim for
compensation shall be no less than 5
years from the time the offence has taken place.
In cases of sexual violence, the limitation period
shall be no less than 10 years.
The limitation period for bringing a claim for
compensation of criminal offences
referred to in Article 7 shall commence with the
victim’s knowledge of the offence.
The limitation period shall not commence as long as
[No specific recital]
the offender and the victim
share the same domestic unit. In addition, if the
victim is a child, the limitation
period shall not commence before the victim has
reached 18 years of age.
The limitation period shall be interrupted or
suspended for the duration of pending
legal proceedings concerning the offence.
CHAPTER 4
VICTIM SUPPORT
Article 27
Specialist support to victims
(46) Specialised support services should provide
1. Member States shall ensure that specialist support support to victims of all forms of violence
services referred to in Article 9(3)
against women and domestic violence, including
of Directive 2012/29/EU are available for victims of sexual violence, female genital
acts of violence covered by this
mutilation, forced marriage, forced abortion and
Directive. The specialist support services shall
sterilisation, sexual harassment and of
provide:
various forms of cyber violence.
(a) advice and information on any relevant legal or
practical matters arising as a
result of the crime, including on access to housing,
(47) Specialist support should offer victims support
education, training and
tailored to their specific needs, and
assistance to remain in or find employment;
irrespective of any official complaint. Such services
(b) referrals to medical forensic examinations;
could be provided in addition to,
(c) support to victims of cyber violence, including
or as an integrated part of, general victim support
advice on judicial remedies and
services, which may call on existing
remedies to remove online content related to the
entities providing specialist support. Specialist
crime.
support may be provided by national
authorities, victims’ support organisations, or other
2. Specialist support referred to in paragraph 1 shall non-governmental organisations.
be offered in-person and shall be
They should be granted sufficient human and
easily accessible, including online or through other
financial resources and, where the
adequate means, such as
services are provided by non-governmental
information and communication technologies,
organisations, Member States should
tailored to the needs of victims of
ensure that they receive appropriate funds.
violence against women and domestic violence.
3. Member States shall ensure sufficient human and
financial resources to provide the
23
services referred to in paragraph 1, especially those
referred to in point (c) of that
paragraph, including where such services are
provided by non-governmental
organisations.
(48) Victims of domestic violence and violence
against women typically have multiple
protection and support needs. In order to address
4. Member States shall provide the protection and
these effectively, Member States
specialist support services necessary
should provide such services at the same premises,
to comprehensively address the multiple needs of
or have such services coordinated
victims at the same premises, or
through a central contact point. To ensure also
have such services coordinated through a central
victims in remote areas or unable to
contact point, or through one-stop
physically reach such centres are reached, Member
online access to such services. Such combined
States should provide for online
offering of services shall include at
access to such services. This should entail setting up
least first hand medical care and social services,
a single and updated website
psychosocial support, legal, and
where all relevant information on and access to
police services.
available support and protection
services is provided (one-stop online access). The
website should follow accessibility
requirements for persons with disabilities.
5. Member States shall issue guidelines and
protocols for healthcare and social service
professionals on identifying and providing
appropriate support to victims of all forms
of violence against women and domestic violence,
including on referring victims to
the relevant support services. Such guidelines and
protocols shall also indicate how
[No specific recital]
to address the specific needs of victims who are at
an increased risk of such violence
as a result of their experiencing discrimination
based on a combination of sex and
other grounds of discrimination.
(49) Specialist support services, including shelters
and rape crisis centres, should be
6. Member States shall ensure that specialist support considered essential during crises and states of
services remain fully operational
emergency, including during health
for victims of violence against women and domestic crises. These services should continue to be offered
violence in times of crisis, such
in these situations, where
as health crises or other states of emergency.
instances of domestic violence and violence against
women tend to surge.
(45) Assistance and support to victims of violence
against women and domestic violence
7. Member States shall ensure that specialist support should be provided before, during and for an
services are available to victims
appropriate period after the criminal
before, during and for an appropriate time after
proceedings have ended, for example where medical
criminal proceedings.
treatment is still needed to
address the severe physical or psychological
24
consequences of the violence, or if the
victim’s safety is at risk in particular due to the
statements made by the victim in those
proceedings.
Article 28
Specialist support for victims of sexual violence
1. Member States shall provide for appropriately
equipped, easily accessible rape crisis
or sexual violence referral centres to ensure
effective support to victims of sexual
violence, including assisting in the preservation and
documentation of evidence.
(50-..) The traumatic nature of sexual violence,
These centres shall provide for medical and forensic including rape, requires a particularly
examinations, trauma support and psychological
sensitive response by trained and specialised staff.
counselling, after the offence has been perpetrated
Victims of this type of violence
and for as long as necessary thereafter. Where the
need immediate medical care and trauma support
victim is a child, such services shall be provided
combined with immediate forensic
in a child-friendly manner.
examinations to collect the evidence needed for
prosecution. Rape crisis centres or
2. The services referred to in paragraph 1 shall be
sexual violence referral centres should be available
available free of charge and
in sufficient numbers and
accessible every day of the week. They may be part adequately spread over the territory of each Member
of the services referred to in Article 27.
State.
3. Member States shall ensure a sufficient
geographical distribution and capacity of
these services across the Member State.
4. Article 27(3) and (6) shall apply to the provision
of support for victims of sexual violence.
Article 29
Specialist support for victims of female genital
mutilation
1. Member States shall ensure effective, age-
appropriate support to victims of female
genital mutilation, including by providing,
gynaecological, sexological,
psychological and trauma care and counselling
(..-50) Similarly, victims of
tailored to the specific needs of such
female genital mutilation, who are often girls,
victims, after the offence has been perpetrated and
typically are in need of targeted support.
for as long as necessary thereafter.
Therefore, Member States should ensure they
This shall also include the provision of information
provide dedicated support tailored to
on units in public hospitals that
these victims.
perform clitoral reconstructive surgery. Such
support may be provided by the referral
centres referred to in Article 28 or any dedicated
health centre.
2. Article 27(3) and (6) and Article 28(2) shall be
applicable to the provision of support
for victims of female genital mutilation.
25
(51) Harassment at work is considered as
Article 30
discrimination on grounds of sex by Directives
Specialist support for victims of sexual
2004/113/EC, 2006/54/EC and 2010/41/EU. Given
harassment at work
that sexual harassment at work has
Member States shall ensure external counselling
significant negative consequences both for the
services are available for victims and
victims and the employers, advice on
employers in cases of sexual harassment at work.
adequately addressing such instances at the
These services shall include advice on
workplace, on legal remedies available to
adequately addressing such instances at the
the employer to remove the offender from the
workplace, on legal remedies available to the
workplace and providing the possibility
employer to remove the offender from the
of early conciliation, if the victim so wishes, should
workplace and providing the possibility of early
be provided by external
conciliation, if the victim so wishes.
counselling services to both victims and employers.
Article 31
Helplines for victims
1. Member States shall set up state-wide round-the-
(52) Member States should ensure that national
clock (24/7) telephone helplines,
helplines are operated under the EU harmonised
free of charge, to provide advice for victims of
number [116016] and this number is widely
violence against women and domestic
advertised as a public
violence. Advice shall be provided confidentially or number, free of charge and available round-the-
with due regard for their
clock. The support provided should
anonymity. Member States shall ensure the
include crisis counselling and should be able to refer
provision of such service also through
to face-to-face services, such as
other information and communication technologies, shelters, counselling centres or the police.
including online applications.
2. Member States shall take appropriate measures to
ensure the accessibility of services
referred to in paragraph 1 for end-users with
disabilities, including providing support
in easy to understand language. Those services shall
be accessible in line with the
accessibility requirements for electronic
communications services set in Annex I to
Directive 2019/882/EU of the European Parliament
and of the Council18.
3. Article 27(3) and (6) shall apply to the provision
of helplines and support through
[No specific recital]
information and communication technologies under
this Article.
4. [Member States shall ensure that the service
under paragraph 1 for victims of
violence against women is operated under the
harmonised number at EU level “116
016” and that the end-users are adequately informed
of the existence and use of such
number.]
18
26
Article 32
Shelters and other interim accommodations
1. The shelters and other appropriate interim
accommodations as provided for in Article
9(3), point (a), of Directive 2012/29/EU shall
(53) Shelters play a vital role in protecting victims
address the specific needs of women
from acts of violence. Beyond providing
victims of domestic violence and sexual violence.
a safe place to stay, shelters should provide the
They shall assist them in their
necessary support concerning
recovery, providing adequate and appropriate living interlocking problems related to victims’ health,
conditions with a view on a
financial situation and the well-being
return to independent living.
of their children, ultimately preparing victims for an
autonomous life.
2. The shelters and other appropriate interim
accommodations shall be equipped to
accommodate the specific needs of children,
including child victims.
3. The shelters and other appropriate interim
accommodations shall be available to
victims regardless of their nationality, citizenship,
place of residence or residence
status.
4. Article 27(3) and (6) shall apply to shelters and
other appropriate interim
accommodations.
Article 33
Support for child victims
1. Member States shall ensure that children are
provided specific adequate support as
(54) To effectively address negative consequences
soon as the competent authorities have reasonable
for child victims, support measures to
grounds to believe that the
children should include age-appropriate
children might have been subject to, including
psychological counselling, together with
having witnessed, violence against
paediatric care where necessary, and be provided as
women or domestic violence. Support to children
soon as competent authorities
shall be specialised and ageappropriate,
have reasonable grounds to believe that children
respecting the best interests of the child.
might have been victims, including
child witnesses of violence. In the provision of
2. Child victims shall be provided with age-
support to child victims, the rights of
appropriate medical care, emotional,
the child, as laid down in Article 24 of the Charter,
psychosocial, psychological and educational
should be a primary consideration.
support, as well as any other appropriate
support tailored in particular to situations of
domestic violence.
3. Where it is necessary to provide for interim
accommodation, children shall as a
priority be placed together with other family
members, in particular with a nonviolent
parent in permanent or temporary housing, equipped
[No specific recital]
with support services.
Placement in shelters shall be a last resort.
27
(55) In order to ensure the safety of children during
possible visits with an offender or
suspect who is a holder of parental responsibility
with rights of access, Member States
Article 34
should ensure that supervised neutral places,
Safety of children
including child protection or welfare
Member States shall establish and maintain safe
offices, are made available so that such visits can
places which allow a safe contact between a
take place there in the best interests
child and a holder of parental responsibilities who is of the child. If needed, the visits should take place in
an offender or suspect of violence
the presence of child protection
against women or domestic violence, to the extent
or welfare officials. Where it is necessary to provide
that the latter has rights of access. Member
for interim accommodation,
States shall ensure supervision by trained
children should as a priority be accommodated
professionals, as appropriate, and in the best
together with the holder of parental
interests of the child.
responsibility who is not the offender or suspect,
such as the child’s mother. The best
interest of the child should be always taken into
account.
Article 35
Targeted support for victims with specific needs
and groups at risk
(56) Victims with specific needs and groups at risk
1. Member States shall ensure the provision of
of violence against women or domestic
specific support to victims at an
violence, such as women with disabilities, women
increased risk of violence against women or
with dependant residence status or
domestic violence, such as women with
permit, undocumented migrant women, women
disabilities, women living in rural areas, women
applicants for international protection,
with dependant residence status or
women fleeing armed conflict, women affected by
permit, undocumented migrant women, women
homelessness, with a minority
applying for international protection,
racial or ethnic background, living in rural areas,
women fleeing from armed conflict, women
women sex workers, detainees, or
affected by homelessness, women with a
older women, should receive specific protection and
minority racial or ethnic background, women sex
support.
workers, women detainees, or older
women.
(57) Women with disability disproportionately
experience violence against women and
domestic violence and due to their disability often
2. The support services under Articles 27 to 32 shall have difficulties in accessing
have sufficient capacities to
protection and support measures. Therefore,
accommodate victims with disabilities, taking into
Member States should ensure they can
consideration their specific needs,
benefit fully from the rights set out in this Directive,
including personal assistance.
on an equal basis with others,
while paying due attention to the particular
vulnerability of such victims and their
likely difficulties to reach out for help.
3. The support services shall be available for third-
country nationals who are victims of
violence against women and domestic violence,
[No specific recital]
including for applicants for
international protection, for undocumented persons
and for persons subject of return
28
procedures in detention. Member States shall ensure
that victims who request so may
be kept separately from persons of the other sex in
detention facilities for thirdcountry
nationals subject of return procedures, or
accommodated separately in
reception centres for applicants for international
protection.
4. Member States shall ensure that persons can
report occurrences of violence against
women or domestic violence in reception and
detention centres to the relevant staff
and that protocols are in place to adequately and
swiftly address such reports in
accordance with the requirements in Article 18, 19
and 20.
CHAPTER 5
PREVENTION
Article 36
Preventive measures
1. Member States shall take appropriate actions to
(58) Member States should ensure that preventive
prevent violence against women and
measures, such as awareness-raising
domestic violence.
campaigns, are taken to counter violence against
women and domestic violence.
2. Preventive measures shall include awareness-
Prevention should also take place in formal
raising campaigns, research and
education, in particular, through
education programmes, where appropriate
strengthening sexuality education and socio-
developed in cooperation with relevant
emotional competencies, empathy and
civil society organisations, social partners, impacted developing healthy and respectful relationships.
communities and other
stakeholders.
3. Member States shall make information on
preventive measures, the rights of victims,
access to justice and to a lawyer, and the available
protection and support measures
available to the general public.
4. Targeted action shall be addressed to groups at
risk, including children, according to
[No specific recital]
their age and maturity, and persons with disabilities,
taking into consideration
language barriers and different levels of literacy and
abilities. Information for children shall be
formulated in a child-friendly way.
5. Preventive measures shall in particular aim at
(59) Member States should take measures to prevent
challenging harmful gender
the cultivation of harmful gender
stereotypes, promoting equality between women
stereotypes to eradicate the idea of the inferiority of
and men, encouraging all, including men and boys,
women or stereotyped roles of
to act as positive role models to support
women and men. This could also include measures
corresponding behaviour
aimed at ensuring that culture,
29
changes across society as a whole in line with the
custom, religion, tradition or honour is not perceived
objectives of this directive.
as a justification for, or a more
lenient treatment of, offences of violence against
women or domestic violence.
Considering that from a very young age onwards,
children are exposed to gender roles that shape their
self-perception and influence their academic and
professional choices
as well as expectations of their roles as women and
men throughout their life, it is
crucial to address gender stereotypes as of early-
childhood education and care.
6. Preventive measures shall develop and/or
increase sensitivity about the harmful practice of
female genital mutilation.
7. Preventive measures shall also specifically
address cyber violence. In particular,
Member States shall ensure that education measures
include the development of
digital literacy skills, including critical engagement
with the digital world, to enable
users to identify and address cases of cyber
violence, seek support and prevent its
perpetration. Member States shall foster
[No specific recital]
multidisciplinary and stakeholder
cooperation, including intermediary services and
competent authorities to develop
and implement measures to tackle cyber violence.
8. Member States shall ensure that sexual
harassment at work is addressed in relevant
national policies. Those national policies shall
identify and establish targeted actions
referred to in paragraph 2 for sectors where workers
are most exposed.
Article 37
(60) In order to ensure victims of violence against
Training and information for professionals
women and domestic violence are
1. Member States shall ensure that professionals
identified and receive appropriate support, Member
likely to come into contact with
States should ensure that
victims, including law enforcement authorities,
professionals likely to come into contact with
court staff, judges and prosecutors,
victims receive training and targeted
lawyers, providers of victim support and restorative information. Trainings should cover the risk and
justice services, healthcare
prevention of intimidation, repeat and
professionals, social services, educational and other secondary victimisation and the availability of
relevant staff, receive both
protection and support measures for
general and specialist training and targeted
victims. To prevent and appropriately address
information to a level appropriate to their
instances of sexual harassment at work,
contacts with victims, to enable them to identify,
persons with supervisory functions should also
prevent and address instances of
receive training. These trainings should
violence against women or domestic violence and to also cover assessments regarding sexual harassment
treat victims in a trauma-,
at work and associated
30
gender- and child-sensitive manner.
psychosocial safety and health risks as referred to
under Directive 89/391/EEC of the
2. Relevant health professionals, including
European Parliament and of the Council11. Training
paediatricians and midwives, shall receive
activities should also cover the
targeted training to identify and address, in a
risk of third party violence. Third party violence
cultural-sensitive manner, the physical,
refers to violence which staff may
psychological and sexual consequences of female
suffer at the workplace, not at the hands of a co-
genital mutilation.
worker, and includes cases, such as
nurses sexually harassed by a patient.
3. Persons with supervisory functions in the
workplace, in both the public and private
(61) In order to counteract underreporting, Member
sectors, shall receive training on how to recognise,
States should also liaise with law
prevent and address sexual
enforcement authorities in the development of
harassment at work, including on risk assessments
trainings in particular regarding harmful
concerning occupational safety
gender stereotypes, but also in the prevention of
and health risks, to provide support to victims
offences, given their typical close
affected thereby and respond in an
contact with groups at risk of violence and victims.
adequate manner. Those persons and employers
shall receive information about the
effects of violence against women and domestic
violence on work and the risk of third party
violence.
4. The training activities referred to in paragraphs 1
and 2 shall include training on coordinated
multi-agency co-operation to allow for a
comprehensive and appropriate
handling of referrals in cases of violence against
women or domestic violence.
5. Without affecting media freedom and pluralism,
Member States shall encourage and
support the setting up of media training activities by
media professionals’
organisations, media self-regulatory bodies and
industry representatives or other
relevant independent organisations, to combat
stereotypical portrayals of women and
men, sexist images of women, and victim-blaming
in the media, aimed at reducing
the risk of violence against women or domestic
violence.
6. Member States shall ensure that the authorities
competent for receiving reports of
offences from victims are appropriately trained to
facilitate and assist in the reporting of such crimes.
7. Training activities referred to in paragraphs 1 and
2 shall be regular and mandatory,
including on cyber violence, and built on the
specificities of violence against women
and domestic violence. Such training activities shall
include training on how to
31
identify and address the specific protection and
support needs of victims who face a
heightened risk of violence due to their
experiencing discrimination based on a
combination of sex and other grounds.
8. The measures under paragraphs 1 to 6 shall be
implemented without affecting
judicial independence, the self-organisation of
regulated professions and differences
in the organisation of the judiciary across the Union.
Article 38
Intervention programmes
(62) Intervention programmes should be set up to
1. Member States shall take the necessary measures
prevent and minimise the risk of
to ensure that targeted and effective
(repeated) offences of violence against women or
intervention programmes are established to prevent
domestic violence. The programmes
and minimise the risk of
should specifically aim at teaching offenders or
committing offences of violence against women or
those at risk of offending how to adopt
domestic violence, or reoffending.
non-violent behaviour in interpersonal relationships
and how to counter violent
2. The intervention programmes shall be made
behavioural patterns. Programmes should encourage
available for participation including to
offenders to take responsibility
persons who fear they might commit any offence of for their actions and examine their attitudes and
violence against women or domestic violence.
beliefs towards women.
CHAPTER 6
COORDINATION AND COOPERATION
Article 39
Coordinated policies and coordinating body
1. Member States shall adopt and implement state-
wide effective, comprehensive and
co-ordinated policies encompassing all relevant
measures to prevent and combat all
forms of violence against women and domestic
violence.
2. Member States shall designate or establish an
official body responsible for
coordinating, implementing, monitoring and
[No specific recital]
evaluating policies and measures to
prevent and combat all forms of violence covered
under this Directive.
3. That body shall coordinate the collection of data
referred to in Article 44, and
analyse and disseminate its results.
4. It shall be responsible for coordinating policies at
the central, regional and local levels.
32
Article 40
Multi-agency coordination and cooperation
1. Member States shall put in place appropriate
mechanisms to ensure effective
coordination and cooperation, at the national level,
of relevant authorities, agencies
and bodies, including local and regional authorities,
law enforcement agencies, the
judiciary, public prosecutors, support service
providers as well as non-governmental
organisations, social services, including child
protection or welfare authorities,
education and healthcare providers, social partners,
without prejudice to their
[No specific recital]
autonomy, and other relevant organisations and
entities.
2. Such mechanisms shall in particular pertain to the
individual assessments under
Articles 18 and 19, and the provision of protection
and support measures under
Article 21 and Chapter 4, the guidelines for law
enforcement and judicial authorities
under Article 23, and in the trainings for
professionals as referred to in Article 37.
Article 41
Cooperation with non-governmental
organisations
Member States shall cooperate with and consult
civil society organisations, including
nongovernmental
organisations working with victims of violence
against women or domestic
violence, in particular in providing support to
[No specific recital]
victims, concerning policymaking initiatives,
information and awareness-raising campaigns,
research and education programmes and in
training, as well as in monitoring and evaluating the
impact of measures to support and
protect victims.
Article 42
(63) In order to ensure that victims of the offences
Cooperation between intermediary service
of cyber violence contained in this
providers
Directive can effectively realise their rights to have
Member States shall facilitate the taking of self-
illegal material relating to such
regulatory measures by providers of
offences removed, Member States should encourage
intermediary services in connection to this
the cooperation between
Directive, in particular to reinforce internal
providers of intermediary services. To ensure that
mechanisms to tackle the online material referred to such material is detected early on
in Article 25(1) and to improve the
and tackled effectively and that victims of those
training of their employees concerned on
offences are adequately assisted and
preventing, assisting and supporting the victims of
supported, Member States should also facilitate the
the offences referred to therein.
establishment or use of existing
33
self-regulatory measures of a voluntary nature, such
as codes of conduct, including on
the detection of systematic risks in relation to such
cyber violence and the training of
the providers’ employees concerned by preventing
such violence and assisting victims.
Article 43
Union level cooperation
Member States shall take appropriate action to
facilitate cooperation between each other to
improve the implementation of this Directive. Such
cooperation shall aim at least at:
(a) exchanging best practices and consulting each
other in individual cases,
including through Eurojust and the European
[No specific recital]
Judicial Network in criminal
matters;
(b) exchanging information and best practices with
relevant Union agencies;
(c) providing assistance to Union networks working
on matters directly relevant to
violence against women and domestic violence.
Article 44
Data collection and research
1. Member States shall have a system in place for
the collection, development,
production and dissemination of statistics on
violence against women or domestic
violence, including the forms of violence referred to
in Articles 5 to 10.
(64) Policies to adequately tackle violence against
2. The statistics shall include the following data
women and domestic violence can only
disaggregated by sex, age of the victim
be formulated on the basis of comprehensive and
and of the offender, relationship between the victim comparable disaggregated data. In
and the offender and type of
order to effectively monitor developments in the
offence:
Member States and fill the gaps of
(a) the number of victims who experienced violence comparable data, Member States should regularly
against women or domestic
conduct surveys using the
violence during the last 12 months, last five years
harmonised methodology of the Commission
and lifetime;
(Eurostat) to gather data and transmit
(b) the annual number of such victims, of reported
these data to the Commission (Eurostat).
offences, of persons prosecuted
for and convicted of such forms of violence,
obtained from national administrative sources.
3. Member States shall conduct a population-based
survey every 5 years using the
harmonised methodology of the Commission
(Eurostat) to gather the data referred to
in paragraph 2, point (a), and on this basis assess the
prevalence of and trends in all
forms of violence covered by this Directive.
34
Member States shall transmit those data to the
Commission (Eurostat) [3 years after
the entry into force of the directive] at the latest.
4. In order to ensure administrative data
comparability across the Union, Member
States shall collect administrative data on the basis
of common disaggregations
developed in cooperation with and according to the
methodology developed by the
European Institute for Gender Equality in
accordance with paragraph 5. They shall
transmit this data to the European Institute for
Gender Equality on a yearly basis. The
transmitted data shall not contain personal data.
5. The European Institute for Gender Equality shall
support Member States in the data
gathering referred to in paragraph 2, point (b),
including by establishing common
standards on counting units, counting rules,
common disaggregations, reporting
formats, and on the classification of criminal
offences.
(65) Member States should ensure that the data
collected are limited to what is strictly
necessary in relation to supporting the monitoring of
6. The Member States shall make the collected
the prevalence and trends of violence against
statistics available to the public. The
women and domestic violence and design new
statistics shall not contain personal data.
policy strategies in this
field.
When sharing the data collected, no personal data
should be included.
7. The Member States shall support research on root
causes, effects, incidences and
conviction rates of the forms of violence covered by
[No specific recital] this Directive.
CHAPTER 7
FINAL PROVISIONS
(66) Any processing of personal data carried out
pursuant to this Directive, including the
exchange or transmission of personal data by the
competent authorities, should be
carried out in accordance with Regulation (EU)
2016/679, Directives 2016/680/EU12
[general recital on the relationship to the GDPR]
and 2002/58/EC13 of the European Parliament and
of the Council. Any processing of
personal data by Union institutions, bodies, offices
or agencies should be carried out in
accordance with Regulations (EU) 2018/172514,
2018/172715 and 2016/79416 of the
35
European Parliament and of the Council, or any
other applicable Union rules on data
protection.
Article 45
Amendment to Directive 2011/93/EU
In Article 3 of Directive 2011/93/EU, the following
paragraphs are added:
“7. Member States shall ensure that the following
intentional conduct shall be punishable
by a maximum term of imprisonment of at least 12
years:
(a) engaging with a child below the age of sexual
consent in any act of vaginal,
anal or oral penetration of a sexual nature, with any
bodily part or object;
(b) causing a child below the age of sexual consent
to engage with another person
in any act of vaginal, anal or oral penetration of a
(67) Directive 2011/93/EU provides for criminal
sexual nature, with any
offences concerning the sexual abuse of
bodily part or object.
children. In order to ensure coherence with this
8. Where the child is above the age of sexual
Directive as regards the criminal
consent and does not consent to the act,
offence of rape, the same degree of protection for
Member States shall ensure that the conduct set out
children who have reached the age
in paragraph 7 is punishable by a
of sexual consent should be ensured and a specific
maximum term of imprisonment of at least 10 years. offence should be defined as
9. For the purpose of paragraph 8, Member States
regards children below the age of sexual consent.
shall ensure that a non-consensual act
Therefore, Directive 2011/93/EU
is understood as an act which is performed without
should be amended accordingly.
the child’s consent given
voluntarily, or where the child is unable to form a
free will due to the presence of
circumstances referred to in paragraph 5, including
the child’s physical or mental
condition such as a state of unconsciousness,
intoxication, sleep, illness or bodily
injury.
Consent can be withdrawn at any moment during
the act. The absence of consent
cannot be refuted exclusively by the child’s silence,
verbal or physical non-resistance
or past sexual conduct.”
(68) Since the objective of this Directive, namely to
prevent and combat violence against
Article 46
women and domestic violence across the Union on
Level of protection
the basis of common minimum
This Directive establishes minimum rules. Member
rules, cannot be sufficiently achieved by the
States may introduce or maintain
Member States but can rather, by reason
provisions with higher standards, including such
of the scale and effects of the envisaged measures,
which provide a higher level of protection
be better achieved at Union level,
and support for victims.
the Union may adopt measures, in accordance with
the principle of subsidiarity as set
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out in Article 5 of the Treaty on European Union. In
accordance with the principle of
proportionality, as set out in that Article, this
Directive does not go beyond what is
necessary to achieve that objective
Article 47
Reporting
1. By [
seven years after the entry into force of this
Directive] at the latest, Member
States shall communicate to the Commission all
relevant information concerning the
application of this Directive necessary for the
Commission to draw up a report on the
[No specific recital
application of this Directive.
]
2. On the basis of the information provided by
Member States pursuant to paragraph 1,
the Commission shall submit to the European
Parliament and the Council a report in
which it reviews the application of this Directive.
(69) [In accordance with Articles 1 and 2 of
Protocol No 21 on the position of the
United
Kingdom and Ireland in respect of the area of
freedom, security and justice, annexed
to the Treaty on European Union and to the Treaty
on the Functioning of the European
Union, and without prejudice to Article 4 of that
Protocol, Ireland is not taking part in
the adoption of this Directive and is not bound by it
or subject to its application.]
OR
[In accordance with Article 3 of Protocol No 21 on
the position of United Kingdom
and Ireland in respect of the area of freedom,
security and justice, annexed to the
Treaty on European Union and the Treaty on the
Functioning of the European Union,
Ireland has notified [, by letter of…,] its wish to take
part in the adoption and
application of this Directive.]
(70) In accordance with Articles 1 and 2 of the
Protocol (No 22) on the position of
Denmark annexed to the Treaty on European Union
and to the Treaty on the
Functioning of the European Union, Denmark is not
taking part in the adoption of this
Directive and is not bound by it or subject to its
application.
37
(71) The European Data Protection Supervisor was
consulted in accordance with Article
42(1) of Regulation (EU) 2018/1725 and delivered
an opinion on [XX XX 2022],
Article 48
Relationship with other Union acts
1. This Directive shall not affect the application of
the following legal acts:
(a) Directive 2011/36/EU,
(b) Directive 2011/93/EU,
(c) Directive 2011/99/EU,
(d) Directive 2012/29/EU,
(e) Regulation (EU) No 606/2013,
[No specific recital
(f) [Regulation (EU) …/… on a Single Market for
]
Digital Services].
2. The specific measures of prevention, protection
of and support to victims under this
Directive shall apply in addition to measures laid
down in Directives 2011/36/EU,
2011/93/EU and 2012/29/EU.
Article 49
Non-regression clause
Nothing in this Directive shall be construed as
lowering, limiting or derogating from any of
the rights and procedural safeguards that are
guaranteed under the law of any Member State
[No specific recital]
which provides a higher level of protection.
Member States shall not lower that higher level of
protection guaranteed at the time of entry into force
of this Directive.
Article 50
Transposition
1. Member States shall bring into force the laws,
regulations and administrative
provisions necessary to comply with this Directive
by [
two years after entry into
force] at the latest. They shall forthwith
communicate to the Commission the text of those
provisions.
When Member States adopt those provisions, they
shall contain a reference to this
[No specific recital]
Directive or be accompanied by such a reference on
the occasion of their official
publication. Member States shall determine how
such reference is to be made.
2. Member States shall communicate to the
Commission the text of the main provisions
of national law which they adopt in the field
covered by this Directive.
38
Article 51
Entry into force
This Directive shall enter into force on the twentieth
day following that of its publication in
the
Official Journal of the European Union.
Article 52
Addressees
This Directive is addressed to the Member States in
accordance with the Treaties.
[No specific recital]
Done at Strasbourg,
39