There was a large increase in the number of coercive control complaints made to the Garda last year, two years after it became an offence under new legislation.
The offence of coercive control was created by the Domestic Violence Act 2018, which came into effect from the start of 2019.
Of the 289 crimes reported to date, charges have arisen in 53 cases.
Garda sources said many of the complaints were complex and required a significant investigation, with additional time also needed for the DPP to consider the evidence. They believed the number of criminal charges would increase over time as investigations into last year’s spike in cases were concluded.
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After graphic details of coercive control cases were set out in the courts this week, including the abuse perpetrated by former garda Paul Moody, Women’s Aid said the growing number of convictions was a “game-changer” for domestic violence victims suffering campaigns of abuse and violence.
However, its chief executive Sarah Benson also said the fact the maximum sentence for coercive control was five years, and three years and three months was seen as an appropriate term for Moody, meant the maximum sentence should be reconsidered.
In reply to queries from The Irish Times, Minister for Justice Helen McEntee indicated it could be reviewed as more sentences were imposed and patterns became clearer over time.
“As we have seen in other cases where we have legislated for new offences, it can take some time for prosecutions and convictions to come through the system. It is hoped that as more convictions follow, other victims of coercive control will feel confident to come forward,” the Department of Justice said.
Moody (42) was charged with a total of 35 abuse and violence-based offences against his former partner, a cancer patient. However, the DPP’s office was concerned for the woman’s health and so decided to proceed with a guilty plea to one offence, that of coercive control.
When mitigating factors, such as the guilty plea and lack of previous convictions, were taken into account the sentence imposed was three years and three months. That will reduced further, to 2½, by automatic remission and could be reduced by a further three months if Moody is of good behaviour in jail and earns enhanced remission of one-third.
Moody was committed to Mountjoy Prison, Dublin, and was kept in Covid-19 isolation for several days. He was expected to spend the bulk of his sentence, as a protection prisoner because he was a garda, in the Midlands Prison, Portlaoise, Co Laois.
New data reveals 23 coercive control offences were recorded by the Garda in 2019 and 89 in 2020. That increased to 146 coercive control crimes reported last year. In the first three months of this year, 31 such crimes were reported, though Garda sources said that was likely to be revised higher.
Garda sources said when the first coercive control cases reached the courts last year, and were reported on in great detail by the media, it raised awareness about what was a new crime on the statute books. They believed the increase in cases last year was partly down to that greater awareness, as well as members of the force becoming more familiar with the new legislation.
“We also had an increase in domestic violence during the pandemic, so that also probably influenced the number of cases reported,” said one source. “Obviously we will be watching the trends this year and trying to get more victims to come forward and make complaints.”
