Council of theEuropean Union
Brussels, 15 June 2023
(OR. en)10717/23
Interinstitutional File:2022/0066(COD)
JAI 862
FREMP 193
COHOM 135
COPEN 212
EDUC 258
MIGR 214
SOC 451
ANTIDISCRIM 123
GENDER 125
JEUN 165
CODEC 1143
OUTCOME OF PROCEEDINGS
From:
To:

General Secretariat of the Council
Delegations

Subject:

Proposal for a Directive of the European Parliament and of the Council on
combating violence against women and domestic violence‒

General approach

At its meeting on 9 June 2023, the Council (Justice and Home Affairs) approved a general approachin respect of the above proposal for a Directive.
The text as approved by the Council is set out in the Annex. Changes with respect to the text of theCommission’s proposal are marked in bold (for additions) and by strike-through (for deletions).
The general approach will constitute the mandate for the negotiations with the European Parliamentin the context of the ordinary legislative procedure.

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ANNEX
Proposal for a
DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
on combating violence against women and domestic violence

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular
Article 82(2) and Article 83(1) thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Having regard to the opinion of the European Economic and Social Committee1,
Acting in accordance with the ordinary legislative procedure,
Whereas:(1)

The purpose of this Directive is to provide a comprehensive framework to effectively
combat violence against women and domestic violence throughout the Union. It does so by
strengthening and introducing measures in the following areas: the definition of relevant
criminal offences and penalties, the protection of victims and access to justice, victim
support, prevention, coordination and cooperation.

1

OJ C , , p. .

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(2)

Equality between women and men and non-discrimination are core values of the Union andfundamental rights enshrined, respectively, in Article 2 of the Treaty on European Unionand 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 rightto human dignity, the right to life and integrity of the person, the prohibition of inhuman ordegrading 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.

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(4)

This The provisions of this Directive which relate to the rights of victims should apply toall victims of criminal conduct which amounts to violence against women or domestic
violence, as criminalised under Union or national law. This includes the criminal offences
defined in this Directive, namely rape, female genital mutilation, the non-consensual sharing
of intimate or manipulated material, cyber stalking, cyber harassment, cyber incitement toviolence or hatred, and criminal conduct covered by other Union acts instruments, inparticular Directives 2011/36/EU2 and 2011/93/EU3 of the European Parliament and of theCouncil, which define criminal offences concerning the sexual exploitation of children andtrafficking of human beings for the purpose of sexual exploitation. Lastly, certain criminal
offences under national law fall under the definition of violence against women. This
includes crimes such as femicide, rape, sexual harassment, sexual abuse, stalking, early andforced marriage, forced abortion, forced sterilisation and different forms of cyber violence,such as online sexual harassment, cyber bullying or the unsolicited receipt of sexually
explicit material. Domestic violence is a form of violence which may be specificallycriminalised under national law or covered by criminal offences which are committed within
the family or domestic unit or between former or current spouses.

2

3

Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on
preventing and combating trafficking in human beings and protecting its victims, OJ L 101,
15.4.2011, p. 1–11.
Directive 2011/93/EU of the European Parliament and of the Council of 13 December 2011
on combating the sexual abuse and sexual exploitation of children and child pornography,
and replacing Council Framework Decision 2004/68/JHA, OJ L 335, 17.12.2011, p. 1–14.

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(5)

The measures under this Directive have been designed to address the specific needs ofwomen and girls, given that they are disproportionately affected by the forms of violence
covered under this Directive, namely violence against women and domestic violence. This
Directive, hHowever, acknowledges that other persons may also fall victim to these forms ofviolence and should therefore also benefit from the same measures provided for in the
Directive for victims therein. Therefore, the term ‘victim’ should refer to all persons,regardless of their sex or gender and, unless specified otherwise in a given provision, allvictims should benefit from the rights related to the protection of victims and access tojustice, victims support and prevention.

(6)

Due to their vulnerability, children who witness violence against women or domestic
violence may suffer a direct emotional harm, which impacts their development. If this is thecase, the Therefore, such children should be considered victims and benefit from targeted
protection measures.

(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 aform 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’.

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(8)

Domestic violence is a serious social problem which often remains hidden. It can lead toserious psychological and physical trauma with severe consequences because the offendertypically is a person known to the victims, whom they would expect to be able to trust. Suchviolence can take on various forms, including physical, sexual, psychological and economic.
Domestic violence may occur whether or not the offender shares or has shared a householdwith the victim.

(9)

In light of the specificities related to these types of crime it is necessary to lay down acomprehensive 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 ofvictims of such violence. The existing provisions at Union and national levels have provento be insufficient to effectively combat and prevent violence against women and domestic
violence. In particular, Directives 2011/36/EU and 2011/93/EU concentrate on specificforms of such violence, while Directive 2012/29/EU of the European Parliament and of theCouncil4 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 toaddress their specific needs.

4

Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012
establishing minimum standards on the rights, support and protection of victims of crime,and replacing Council Framework Decision 2001/220/JHA (OJ L 315, 14.11.2012, p. 57).

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(10)

This Directive supports the international commitments the Member States have undertaken
to combat and prevent violence against women and domestic violence, in particular theUnited 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 andthe International Labour Organization’s Convention concerning the elimination of violenceand harassment in the world of work, signed on 21 June 2019 in Geneva.

(10 bis)The rights of victims should be available before, throughout criminal proceedings andfor an appropriate time after such proceedings in accordance with the needs of thevictim and under the conditions set out in the Directive.

5
6

Convention on the Elimination of All Forms of Discrimination against Women (CEDAW),UNGA, 1979.
Convention on preventing and combating violence against women and domestic violence(Istanbul Convention), Council of Europe, 2011.

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(11)

Violence against women and domestic violence can be exacerbated where it intersects withdiscrimination based on sex and other grounds of discrimination prohibited by Union law,
namely nationality, race, colour, ethnic or social origin, genetic features, language, religion
or belief, political or any other opinion, membership of a national minority, property, birth,
disability, age or sexual orientation. Member States should therefore pay due regard tovictims affected by such intersectional discrimination, by taking through providing specificmeasures where intersecting forms of discrimination are present. In particular, members of
one or several groups of persons protected against discrimination on the basis of sexual
orientation, disability, racial or ethnic origin, lesbian, bisexual, trans, non-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. Member
States should take that heightened level of risk into consideration when implementing
the measures provided for by this Directive, especially regarding the individual
assessment to identify victims’ protection needs, specialist support to victims andtraining and information for professionals likely to come into contact with victims.

(12)

Victims of violence against women and domestic violence are at an increased risk of
intimidation, retaliation, secondary and repeat victimisation. Member States should ensurethat pParticular attention should thus be is paid to these risks and to the need to protect the
dignity and physical integrity of such victims.

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(12 bis)For the purposes of this Directive, competent authorities should be understood as theauthority or authorities designated under national law as competent to carry out theduties provided for in the relevant provisions of this Directive. Each Member Stateshould determine which authorities should be competent for the purpose of eachprovision that refers to this concept.
(13)

Rape is one of the most serious offences breaching a person’s sexual integrity and is a crimethat disproportionately affects women. It entails a power imbalance between the offenderand the victim, which allows the offender to sexually exploit the victim for purposes such as
personal gratification, asserting domination, gaining social recognition, advancement or
possibly financial gain. Many Member States still require the use of force, threats or
coercion for the crime of rape. Other Member States solely rely on the condition that thevictim has not consented to the sexual act. Only the latter approach achieves the full
protection of the sexual integrity of victims. Therefore, it is necessary to ensure equal
protection throughout the Union by providing the constitutive elements of the crime of rapeof women.

(14)

Rape should explicitly include all types of sexual penetration, with any bodily part or object.
The lack of consent should be a central and constitutive element of the definition of rape,
given that frequently no physical violence or use of force is involved in its perpetration.
Initial consent should be withdrawable at any given time during the act, in line with thesexual autonomy of the victim, and should not automatically imply consent for future acts.
Non-consensual sexual penetration should constitute rape even where committed against a
spouse or intimate partner.

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(15)

With regard to offences amounting to rape, offenders who have been previously convicted
of offences of the same nature should be obliged to participate in intervention programmes
to mitigate the risk of recidivism.

(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 abusive and exploitative practice that pertains to the sexualorgans of a girl or a woman and that is performed for the purpose of preserving and asserting
domination over women and girls and exerting social control over girls and women’s
sexuality. It is sometimes performed in the context of child forced marriage or domestic
violence. Female genital mutilation may occur as a traditional practice which somecommunities perform on their female members. It should cover mutilative practices
undertaken for non-medical reasons, which cause irreparable and lifelong damage on
victims. It leads to psychological and social damages, which severely affect the victim’s
quality of life. The term “excising” should refer to the partial or total removal of the clitoris
and the labia majora. “Infibulating” should cover the closure of the labia majora bypartially 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.

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(17)

It is necessary to provide for harmonised definitions of offences and penalties regarding
certain forms of cyber violence where violence is intrinsically linked to the use of
information and communication technologies, and those technologies are used tosignificantly amplify the severity of harmful impact of the offences, thereby changing
the characteristics of the offence. Cyber violence particularly targets and impacts womenpoliticians, journalists and human rights defenders. It can have the effect of silencing womenand hindering their societal participation on an equal footing with men. Cyber violence also
disproportionately affects women and girls in educational settings, such as schools anduniversities, with detrimental consequences to their further education and to their mental
health, which may, in extreme cases, lead to suicide.

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(18)

The use of information and communication technologies bears the risk of easy, fast andwide-spread amplification of certain forms of cyber violence with the risk effect of creatingor 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 cyberviolence defined under this Directive, should be reflected by the element of making certain
material accessible, through information and communication technologies, to a ‘the public’‘multitude’ of end-users. The terms ‘accessible to the public’ ‘multitude’ and ‘publicly
accessible’ should be understood as referring to potentially reaching a significant numberof persons. end-users of the technologies in question, thus allowing for significant access to,and potential further distribution of that material. These at terms should be interpreted andapplied having regard to the relevant circumstances, including the technologies used to makethat material accessible and the means these technologies offer for amplification. Moreover,in order to only set minimum rules for the most serious forms of cyber violence, therelevant incriminations should be limited to conduct which is likely to cause serious
harm or serious psychological harm to the victim, or to conduct which is likely to cause
the victim to seriously fear for their own safety or that of their dependants.

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(19)

Especially due to its tendency for easy, swift and broad distribution and perpetration, as wellas its intimate nature, the non-consensual making accessible of intimate images, or videos orsimilar and material that depicting sexually explicit activities, or the intimate parts of aperson without the consent of the persons involved, to the public a multitude of endusers, by means of information and communication technologies, can be very harmful forthe victims. The offence provided for in this Directive should cover all types of suchmaterial, such as images, photographs and videos, including sexualized images, audio clips
and video clips. It should relate to situations where the making accessible of the material tothe public a multitude of end-users, through information and communication technologies,
occurs without the victim’s consent, irrespective of whether the victim consented to thegeneration of such material or may have transmitted it to a particular person. The offence
should also include the non-consensual production, or manipulation, or altering for instanceby image editing, of material that makes it appear as though another person is engaged insexual activities, insofar as the material is subsequently made accessible to the public a
multitude of end-users, through information and communication technologies, without theconsent of that person. Such production, or manipulation or altering should include thefabrication of ‘deepfakes’, where the material appreciably resembles an existing person,
objects, places or other entities or events, depicting sexual activities of another person, andwould 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.

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(19bis)The dissemination of images, videos or other material depicting sexually explicit
activities or the intimate parts of a person without the consent of the person involved tothe public by means of information and communication technologies should not becriminalised, where required to safeguard the fundamental rights protected under theCharter, and in particular the freedom of expression, including the freedom to receive
and impart information and ideas in an open and democratic society, as well as
freedom of the arts and sciences, including academic freedom. Moreover, this offense
should not cover the handling of material by public authorities, in particular to
conduct criminal proceedings or to prevent, detect or investigate crime, and Member
States may relieve a person of responsibility under specific circumstances, for example
where telephone or internet hotlines handle material in order to report an offense toauthorities.

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(20)

Cyber stalking is a modern form of violence which is often perpetrated against family
members or persons living in the same household, but also perpetrated by ex-partners or
acquaintances. Typically, technology is misused by the offender to proceed to intensify
coercive and controlling behaviour, manipulation and surveillance, thereby increasing thevictim’s fear, anxiety and gradual isolation from friends and family. Therefore, minimum
rules on cyber stalking should be established. The offence of cyber stalking should cover
repeated or the continuous surveillance of the victim without their consent or a legal
authorisation by means of information and communication technologies. This might beenabled by processing the victim’s personal data, such as through identity theft or the spyingout of such data on their various social media or messaging platforms, their emails andphone, stealing passwords or hacking their devices to access their private spaces, via theinstallation of geo-localisation apps, including stalkerware, or via stealing their devices.
Furthermore, stalking should 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. However, there can be situations where surveillance is carriedout for legitimate reasons, for example in the context of parents monitoring theirminor childrens’ whereabouts and their online acitivity, of relatives monitoring thehealth of ill, elderly or vulnerable persons or persons with disabilities, or of media
monitoring and open source intelligence. Criminal liability should be limited tosituations where monitoring is likely to cause serious harm to the person. Whenassessing whether the act is likely to cause such harm the focus should be on whether
the act typically would cause harm to a victim.

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(20bis) In the definition of the offence of cyber stalking, the concept of ‘tracking’ should referto tracing the location of a person and following their movements, while the concept of‘monitoring’ should refer to the watching over a person more generally, including
observing their activities. In the context of stalking, both actions ultimately aim at
controlling a person.
(21)

Minimum rules concerning the offence of cyber harassment should be laid down in order tocounter cover the most serious forms of such cyber harassment. This includes Iinitiating
an attack with third parties or participating in such an attack directed at another person, by
making threatening or insulting material accessible to the public a multitude of end-users.
Such broad attacks, including coordinated online mob attacks, may morph into offline
assault or cause significant psychological injury and in extreme cases lead to suicide of thevictim. They often target prominent (female) politicians, journalists or otherwise wellknown persons, but they can also occur in different contexts, for instance on campuses or inschools. Such online violence should be addressed especially where the attacks occur on awide-scale, for example in the form of pile-on harassment by a significant amount of people.
The minimum rules concerning the offense of cyber harassment should also include
rules on doxing, where the personal information of the victim is made available to the
public by means of information and communication technologies, without the victim’s
consent, for the purpose of inciting others to cause physical or serious psychologicalharm to the victim.

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(22)

The increase in internet and social media usage has led to a sharp rise in public incitement toviolence and hatred, including based on sex or gender, over the past years. The easy, fastand broad sharing of hate speech through the digital word is reinforced by the online
disinhibition effect, as the presumed anonymity on the internet and sense of impunity reduce
people’s inhibition to engage in such speech. Women are often the target of sexist andmisogynous hate online, which can escalate into hate crime offline. This needs to beintercepted at an 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 beinferred from the overall content or context of the incitement.

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(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 andcommunication technologies. Therefore, it should require dissemination to the public, whichshould be understood as entailing the making accessible, through information andcommunications technologies, of a given item of material inciting to violence or hatred to apotentially unlimited number of persons, namely making the material easily accessible tousers 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 ofusers, that information should be considered to be disseminated to the public only whereusers seeking to access the material are automatically registered or admitted without ahuman 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 theCharter.

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(24)

Victims should be able to report crimes acts of violence against women or domestic
violence easily without being subject to secondary or repeat victimisation. To this end,
Member States should provide the possibility to submit complaints online or through otherinformation and communication technologies for the reporting of such acts crimes. Victims
of cyber violence should be able to upload materials relating to their report, such as
screenshots of the alleged violent behaviour. When the victim is not the one making thereport, Member States should ensure that the competent authorities, when necessary,take adequate measures for the victims’ safety, such as providing information about
the possibility to apply for emergency barring, restraining or protection orders.

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(25)

In the case of domestic violence and violence against women, especially when committed byclose family members or intimate partners, victims may be under such duress by theoffender that they fear to reach out to the competent authorities, even if their lives are indanger. Therefore, Member States should ensure that their confidentiality rules do notconstitute an obstacle for relevant professionals, such as healthcare professionals, to reportto the competent authorities, where they have reasonable grounds to believe that there thelife of the victim is at an imminent risk of serious physical harm. Similarly, instances ofdomestic violence or violence against women affecting children are often only interceptedby third parties noticing irregular behaviour or physical harm to the child. Children need tobe effectively protected from such forms of violence and adequate measures promptly taken.
Therefore, relevant professionals coming in contact with child victims or potential childvictims, including healthcare, social services or education professionals, should equally not
be constrained by confidentiality where they have reasonable grounds to believe that serious
physical harm acts of violence under this Directive have has been inflicted on committed
against the child or further serious acts are to be expected. Where professionals report such
instances of violence, Member States should ensure that they are not held liable for breachof confidentiality. However, lawyers’ legal professional privilege should be protected, in
accordance with Article 7 of the Charter of fundamental rights, as justified by thefundamental role assigned to lawyers in a democratic society. Where provided forunder national law, the clergy-penitent privilege, or equivalent principles applicable inorder to safeguard the freedom of religion, should also be excluded from thispossibility. In addition, this possibility is without prejudice to national rules on
confidentiality or sources applicable in the context of media.

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(26)

In order to tackle underreporting in the cases when the victim is a child, safe and childfriendly reporting procedures should be established. This can include questioning bycompetent authorities in simple and accessible language.

(27)

Delays in processing complaints of violence against women and domestic violence can bear
particular risks to victims thereof, given that they might still be in immediate danger andgiven that offenders might often be close family members or spouses. Therefore, thecompetent authorities should have the adequate sufficient expertise and effective
investigative tools to investigate and prosecute such crimes.

(28)

Victims of sexual violence and domestic violence and violence against women are thevictims most typically in need of immediate protection or specific support, for example inthe case of intimate partner violence, where the rate of recidivism tends to be high.
Therefore, an individual assessment to identify the victim’s protection needs should beinitiated at conducted upon the earliest possible stage after the very first contact ofcompetent authorities with the victim or as soon as suspicion arises that the person is a
victim of violence against women or domestic violence. This can be done before a victim
has formally reported an offence or proactively if a third party reports the offence.

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(29)

When assessing the victim’s protection and support needs, the primary concern should lie insafeguarding the victim’s safety and providing tailored support, taking into account, among
other matters, the individual circumstances of the victim. Such circumstances requiring
special attention could include the victim’s pregnancy or the victim’s dependence on or
relationship to the offender.

(30)

In order to ensure comprehensive support and protection to victims, all competentauthorities and relevant bodies, not limited to law enforcement and judicial authorities,
should be involved in assessing the risks for victims and appropriate support measures on
the basis of clear guidelines issued by the Member States. Such assessment, when assessing
the risk emanating from the offender or suspect, guidelines should include factors to betaken into consideration when assessing the risk emanating from the offender or suspect,
including the consideration 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.

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(31)

Due to their vulnerability to secondary and repeat victimisation, to intimidation and toretaliation, and the fact that they suffer emotional harm that prejudices their development,
the victim’s children dependants under the age of 18, and other dependants where
provided by national law, should receive the same protection measures as those afforded
accorded to the victim, unless there are indications that these dependants do not havespecific needs. Other persons dependant on the victim, such as adults with disabilities orolder dependant adults for whom the victim provides care, may experience similar emotionalharm and should thus be accorded the same protection measures.

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(32)

Victims of violence against women and domestic violence are often in need of specificsupport. To ensure they effectively receive offers of support, the competent authorities
should refer victims to appropriate support services. This should in particular be the casewhere an individual assessment has found particular support needs of the victim. In thatcase, support services should be able to reach out to the victim even without the victim’s
consent. When determining whether to refer child victims to support services, theirbest interests shall be a primary consideration, as laid down in Article 24 of theCharter. For the processing of related personal data by competent authorities, Member
States should ensure that it is based on law, in accordance with Article 6(1)(c) read in
conjunction with Article (6)(2) and (3) of Regulation (EU) 2016/679 of the European
Parliament and of the Council7. Such laws should include appropriate personal data
safeguards that respect the essence of the right to data protection and provide for suitable
and specific measures to safeguard the fundamental rights and the interests of theindividuals. Where competent authorities transfer victims’ personal data to support services
for victims’ referral, they should ensure that the data transferred is limited to what isnecessary to inform the services of the circumstances of the case, so that victims receive
appropriate support and protection. The support services should only store personal data
for as long as necessary, and in any event for no longer than 5 years, or a shorter
period of time if established in national law, after the last contact between the support
service and the victim.

(33)

Member States should take the necessary measures to ensure the availability of emergency
barring, restraining and protection orders to ensure effective protection of victims and theirdependants under the age of 18, and other dependants where provided by national law.

7

Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016
on the protection of natural persons with regard to the processing of personal data and on thefree movement of such data, and repealing Directive 95/46/EC (General Data Protection
Regulation) (Text with EEA relevance), (OJ L 119, 4.5.2016, p. 1–88).

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(34)

Member States should ensure that emergency barring orders may be issued in situations ofimmediate danger, such as where harm is imminent or has already materialised and is likely
to be inflicted again.

(35)

Protection orders may include prohibiting the offender or suspect to access certain localities;
to approach the victim or dependant under the age of 18, and other dependants where
provided by national law, closer than a prescribed distance or to contact them, including
through the use of online interfaces. Such orders may also include prohibiting thepossession of and to possess firearms or deadly weapons, where necessary. Emergency
barring, restraining or protection orders should be issued either for a specified period,or until modified or discharged.

(36)

In order to safeguard the effectiveness of emergency barring, restraining and protection
orders, breaches of such orders should be subject to penalties. Those penalties can be of acriminal law or other legal nature and may include prison sentences, fines or any other legal
penalty that is effective, proportionate and dissuasive.

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(37)

Presenting evidence of past sexual behaviour to challenge the credibility and lack of consent
of victims in sexual violence cases, especially rape cases, may reinforce the perpetuation ofdamaging stereotypes of victims and lead to repeat or secondary victimisation. Therefore,
without prejudice to the rights of defence, Member States should ensure that questions,enquiries and evidence concerning the past sexual conduct of the victim should not be
permitted only when it is relevant and necessary in criminal investigations and court
proceedings.

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(38)

Given the complexities and gravity of offences of violence against women and domestic
violence and specific support needs of victims, Member States should ensure additional
support and prevention of such offences is provided by designated bodies. Given theirexpertise in matters of discrimination on grounds of sex, national equality bodies, set up inaccordance with Directives 2004/113/EC8, 2006/54/EC9 and 2010/41/EU10 of the European
Parliament and of the Council, are well placed to fulfil these tasks. Such bodies should in
addition have legal standing to act on behalf or in support of victims of all forms of violenceagainst women or domestic violence in judicial proceedings, including for the application
for compensation and removal of online illegal content, with the victims’ approval. Thisshould include the possibility of acting on behalf or in support of several victims together.
To enable these bodies to effectively carry out their tasks, Member States should ensure thatthey are provided with sufficient human and financial resources.

8

9

10

Council Directive 2004/113/EC of 13 December 2004 implementing the principle of equal
treatment between men and women in the access to and supply of goods and services, (OJ L
373, 21.12.2004, p. 37).
Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on theimplementation of the principle of equal opportunities and equal treatment of men andwomen in matters of employment and occupation (recast), (OJ L204, 26.7.2006, p. 23).
Directive 2010/41/EU of the European Parliament and of the Council of 7 July 2010 on theapplication of the principle of equal treatment between men and women engaged in an
activity in a self-employed capacity and repealing Council Directive 86/613/EEC, (OJ L
180, 15.7.2010, p. 1).

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(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 material accessible to a multitude of end-users, through informationand communication technologies, of material, resulting from certain offences of cyberviolence, considering the ease and speed with which such material can be distributed on alarge scale and the difficulties that often exist when it comes to removing such material.
That risk typically remains even after a conviction. Therefore, in order to effectively
safeguard the rights of the victims of those offences, Member States should be required totake suitable measures aimed at the removal of the material in question. Considering thatremoval at the source may not always be feasible, for instance because of legal or practicaldifficulties relating to the execution or enforcement of an order to remove, Member Statesshould also be allowed to provide for measures to disable access to such material.

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(40)

Those measures should include, in particular, empowering national judicial authorities toissue orders to hosting service providers of intermediary services to remove, or also todisable access to, one or more specific items of the material in question. The national
authorities may also address the orders to disable access to other relevant intermediaryservice providers. Those orders should be issued upon a sufficiently reasoned andsubstantiated request of the victim. Considering the speed with which such material canspread online and the time it can take to complete criminal proceedings against the persons
suspected of having committed the relevant offences, it is necessary for the effective
protection of the victims’ rights to provide for the possibility of issuing, subject to certain
conditions, such orders by means of interim measures, even prior to the termination of suchcriminal proceedings.

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(41)

Any such measures to remove or disable access, including in particular such orders, areliable to affect the right and interests of other parties than the victims, such as the persons
providing the material, the hosting services intermediary service providers whose services
may be used and the end-users of those services, as well the general interest. Therefore, it
should be ensured that those orders and other measures can only be taken in a transparent
manner and that adequate safeguards are provided for, so as to ensure that they remain
limited to what is necessary and proportionate, legal certainty is ensured, all affected parties
hosting services providers, other relevant intermediary service providers, and content
providers can exercise their right to effective judicial redress in accordance with nationallaw, and a fair balance is struck between all rights and interests involved, including thefundamental rights of all parties concerned in compliance with the Charter. A careful
weighting of all rights and interests at stake on a case-by-case basis is particularly important.
in proceedings for interim measures. Those orders should, as a general rule, be addressed tothe specific provider of intermediary services that is best placed to act, in particular so as tolimit any possible negative effects for freedom of expression and information.

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(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] (EU) 2022/2065 of the European Parliament andof the Council of 19 October 2022 on a Single Market For Digital Services andamending Directive 2000/31/EC (Digital Services Act), unaffected. In particular, thoseorders 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 toremove illegal content online.

(43)

Considering the potential importance of material that may be the object of the orders orother measures taken under this Directive to remove or disable access thereto forinvestigating or prosecuting the relevant offences under criminal law, the necessary
measures should be taken to allow the competent authorities to obtain or secure suchmaterial, where necessary. Those measures could consist, for example, of requiring relevant
hosting services providers or other relevant intermediary service providers to transmit thematerial 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 protectionof personal data.

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(44)

In order to avoid secondary victimisation, victims should be able to obtain compensation in
the course of criminal proceedings. Compensation from the offender should be full andshould not be restricted by a fixed upper limit. It should cover all harm and trauma
experienced by victims and costs incurred to manage the damages, including among otherthings therapy costs, impact on the victim’s employment situation, loss of earnings,
psychological damages, and moral prejudice due to the violation of dignity. The amount ofcompensation should reflect that victims of domestic violence may have to uproot their lives
in order to seek safety, entailing a possible change of employment or finding new schools
for children or even creating a new identity.

(45)

Assistance and support to victims of violence against women and domestic violence should
be provided before, during and for an appropriate period after the criminal proceedings haveended, for example where medical treatment is still needed to address the severe physical or
psychological 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.

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(46)

Specialised support services should provide support to victims of all forms of violenceagainst women and domestic violence, including sexual violence, female genital mutilation,
forced marriage, forced abortion and sterilisation, sexual harassment and of various forms ofcyber violence. Victims should be offered specialist support services irrespective ofwhether they have filed a formal complaint.

(47)

Specialist support services should offer victims support tailored to their specific needs, by aperson of the same sex when requested or appropriate and such a person is available.
Building on the requirements set out in Directive 2012/29/EU, the legal frameworkneeds to be supplemented in order to ensure that specialist support services areprovided with all the necessary tools to provide a targeted and integrated support for
victims of violence against woman and domestic violence, in view of their specific needs
and irrespective of any official complaint. Such services could be provided in addition to, or
as an integrated part of, general victim support services, which may call on existing entities
providing specialist support. Specialist support may be provided by public national
authorities, victims’ support organisations, or other non-governmental organisations, taking
into account the Member States’ geography and demographic composition. They
should be granted sufficient human and financial resources and, where the services areprovided by non-governmental organisations, Member States should ensure that they receive
appropriate funds.

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(48)

Victims of domestic violence and violence against women typically have multiple protection
and support needs. In order to address these effectively, Member States should provide suchservices at the same premises, or have such services coordinated through a central contact
point or through online access to such services. The latter would To ensure that also
victims in remote areas or unable to physically reach such centres are reached, Member
States should could provide for online access to such services. This should at least entail
setting up a single and updated website where all relevant information on and direction toaccess to available support and protection services is provided (one-stop online access).
Such a The website should follow accessibility requirements for persons with disabilities.

(49)

Specialist support services, including shelters and rape crisis centres, should be consideredessential during crises and states of emergency, including during health crises. The aim
These services should be to continue to be offered in these services in situations, where
instances of domestic violence and violence against women tend to surge.

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(50)

The traumatic nature of sexual violence, including rape, requires a particularly sensitive
response by trained and specialised staff. Victims of this type of violence need immediate
medical care and trauma support combined with immediate forensic examinations for thesafe keeping of to collect the evidence needed for future prosecution. Rape crisis centres orsexual violence referral centres should be available in sufficient numbers and adequately
spread over the territory of each Member State, taking into account the Member States
geography and demographic composition. Such centres can form part of the existing
healthcare system in the Member State. Similarly, victims of female genital mutilation,
who are often girls, typically are in need of targeted support. Therefore, Member Statesshould ensure they provide dedicated support tailored to these victims.

(51)

Sexual Hharassment at work is considered as a form of discrimination on grounds of sex by
Directives 2004/113/EC, 2006/54/EC and 2010/41/EU. Given that Ssexual harassment atwork has significant negative consequences both for the victims and the employers,.
Internal or external counselling services should be provided to both victims andemployers, where such conduct is specifically criminalised under national law. Theseshould include information advice on ways to adequately addressing such instances at theworkplace, and on legal remedies available to the employer to remove the offender from theworkplace and providing the on possibilitiesy of early conciliation, if the victim so wishes,
should be provided by external counselling services to both victims and employers.

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(52)

Member States are encouraged to should ensure that national helplines are reachable
operated under the EU-harmonised number [116016] in addition to any existing national
numbers and this number is widely advertised as a public number, free of charge andavailable round-the-clock. The public should be adequately informed of the existence ofand use of such number. The support provided should include crisis counselling andshould be able to refer to face-to-face services, such as shelters, counselling centres or thepolice.

(53)

Shelters play a vital role in protecting victims from acts of violence. Beyond providing asafe place to stay, shelters should provide the necessary support concerning interlocking
problems related to victims’ health, financial situation and the well-being of their children,
ultimately preparing victims for an autonomous life.

(54)

To effectively address negative consequences for children victims, support measures tochildren should include age-appropriate specialised psychological counselling adapted tothe age, the developmental needs and the individual situation of the child, together withpaediatric care where necessary, and be provided as soon as competent authorities havereasonable grounds to believe that children might have been victims, including childwitnesses of violence. In the provision of support to children victims, the rights of the child,as laid down in Article 24 of the Charter, should be a primary consideration.

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(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, as determined under theapplicable national civil law rules. Member States should ensure that supervised neutral
places, including child protection or welfare offices, are made available so that such visits
can take place there in the best interests of the child. If needed, the visits should take placein the presence of child protection or welfare officials. Where it is necessary to provide forinterim accommodation, children should as a priority be accommodated together with theholder of parental 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.

(56)

Victims experiencing discrimination based on a combination of sex and other grounds
are at a heightened with specific needs and groups at risk of violence against women or
domestic violence, such as women with disabilities, women with dependant residence status
or permit, undocumented migrant women, women applicants for international protection,
women fleeing armed conflict, women affected by homelessness, with a minority racial or
ethnic background, living in rural areas, women in prostitution sex workers, detainees,
lesbian, gay, bisexual, trans or intersex persons, older women, or women with use ofalcohol and drugs or drugs use disorders. They should consequently receive specificprotection and support.

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(57)

Women with disability disproportionately experience violence against women and domestic
violence and due to their disability often have difficulties in accessing protection andsupport measures. Therefore, Member States should ensure they can benefit fully from therights set out in this Directive, 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.

(58)

Member States should take ensure that appropriate preventive measures. Ssuch measures
may include as awareness-raising campaigns, are taken to counter violence against womenand domestic violence. Prevention may should also take place in formal education, inparticular, through strengthening sexuality education and socio-emotional competencies,
empathy and developing healthy and respectful relationships. Taking into accountlanguage barriers and different levels of literacy and abilities, Member States should
address targeted actions to groups at heightened risk, which include children, taking
into account their age and maturity, persons with disabilities, persons with alcohol anddrug use disorders, and lesbian, gay, bisexual, trans or intersex persons.

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(59)

Member States should take measures to prevent the cultivation of harmful genderstereotypes to eradicate the idea of the inferiority of women or stereotyped roles of womenand men. This could also include measures aimed at ensuring that culture, custom, religion,
tradition or honour is not perceived as a justification for, or a more lenient treatment of,offences of violence against women or domestic violence. Preventive measures should
encourage men and boys to act as positive role models to support equality between men
and women, but should also aim to overcome stereotypes whereby men are inhibited toreach out for help in situations of violence directed against them. Considering that froma very young age onwards, children are exposed to gender roles that shape their selfperception 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 genderstereotypes as of early-childhood education and care.

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(60)

In order to ensure victims of violence against women and domestic violence are identified
and receive appropriate support and protection, Member States should ensure that officials
professionals likely to come into contact with victims receive training and targeted
information. Regarding court staff, such training should be required only for thoselikely to come into contact with victims, and to a level appropriate to their contact withvictims. Trainings should cover the risk and prevention of intimidation, repeat andsecondary victimisation and the availability of protection and support measures for victims.
To prevent and appropriately address instances of sexual harassment at work, persons withsupervisory functions should also receive training, where such conduct is specificallycriminalised under national law. These trainings should also cover assessments regarding
sexual harassment at work and associated psychosocial safety and health risks as referred tounder Directive 89/391/EEC of the European Parliament and of the Council11. Training
activities They should also receive information on cover the risk of third party violence.
Third party violence refers to violence which staff may suffer at the workplace, not at thehands of a co-worker, and includes cases, such as nurses sexually harassed by a patient.

(61)

In order to counteract underreporting, Member States should also liaise with law
enforcement authorities in the development of trainings in particular regarding harmful
gender stereotypes, but also in the prevention of offences, given their typical close contact
with groups at risk of violence and victims.

11

Council Directive 89/391/EEC of the European Parliament and of the Council of 12 June
1989 on the introduction of measures to encourage improvements in the safety and health ofworkers at work (OJ L 183, 29.6.1989, p. 1).

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(62)

Intervention programmes should be set up to prevent and minimise the risk of (repeated)
offences of violence against women or domestic violence. The programmes should
specifically aim at teaching offenders or those at risk of offending how to adopt non-violent
behaviour in interpersonal relationships and how to counter violent behavioural patterns.
Programmes should encourage offenders to take responsibility for their actions and examine
their attitudes and beliefs towards women.

(62 bis) With regard to offences amounting to rape, offenders should be encouraged toparticipate in intervention programmes to mitigate the risk of recidivism.
(62 ter)Member States should have discretion to decide which authorities are designated or
established as official bodies responsible for coordinating, implementing, monitoringand evaluating policies and measures to prevent and combat all forms of violence
covered under this Directive, in accordance with the principle of procedural autonomyof the Member States, provided that such authorities have the necessary competences
to carry out the tasks provided for in this Directive. Policy coordination should be
carried out at the level of the Member State and/or at the regional and local level inMember States, in accordance with national law or practice.

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(63)

In order to ensure that victims of the offences of cyber violence contained in this Directive
can effectively realise their rights to have illegal material relating to such offences removed,
Member States should encourage the self-regulatory cooperation between hosting service
providers of intermediary services. To ensure that such material is detected early on andtackled effectively and that victims of those offences are adequately assisted and supported,
Member States should also facilitate the establishment of or raise awareness use of existing
self-regulatory measures of a voluntary nature, such as codes of conduct., This facilitation
should include self-regulatory measures including for on the detection of systematic risks,in particular relation to reinforce mechanisms designed to tackle such cyber violence andto improve the training of the providers’ employees concerned engaged in by preventing
such the prevention of violence and assisting the assistance and support to victims. Suchself-regulatory measures could complement action at Union level, in particular under
the Digital Services Act.

(64)

Policies to adequately tackle violence against women and domestic violence can only beformulated on the basis of comprehensive and comparable disaggregated data. In order toeffectively monitor developments in the Member States and fill the gaps of comparable data,
Member States should regularly conduct surveys using the harmonised methodology of theCommission (Eurostat) to gather data and transmit these data to the Commission (Eurostat).

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(65)

Member States should ensure that the data collected are limited to what is strictly necessary
in relation to supporting the monitoring of the prevalence and trends of violence against
women and domestic violence and design new policy strategies in this field. When sharing
the data collected, no personal data should be included.

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(66)

Any processing of personal data carried out pursuant to this Directive, including theexchange or transmission of personal data by the competent authorities, is to should be
carried out in accordance with Regulation (EU) 2016/679, Directives 2016/680/EU12 and2002/58/EC13 of the European Parliament and of the Council. Any processing of personal
data by Union institutions, bodies, offices or agencies is to should be carried out inaccordance with Regulations (EU) 2018/172514, 2018/172715 and 2016/79416 of theEuropean Parliament and of the Council, or any other applicable Union rules on dataprotection.

12

13

14

15

16

Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on
the protection of natural persons with regard to the processing of personal data by competentauthorities for the purposes of the prevention, investigation, detection or prosecution of
criminal offences or the execution of criminal penalties, and on the free movement of suchdata, and repealing Council Framework Decision 2008/977/JHA, (OJ L 119, 4.5.2016, p.
89).
Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002
concerning the processing of personal data and the protection of privacy in the electronic
communications sector (Directive on privacy and electronic communications) OJ L 201,
31.7.2002, p. 37.
Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October
2018 on the protection of natural persons with regard to the processing of personal data by
the Union institutions, bodies, offices and agencies and on the free movement of such data,
and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC, (OJ L 295,
21.11.2018, p. 39).
Regulation (EU) 2018/1727 of the European Parliament and of the Council of 14 November
2018 on the European Union Agency for Criminal Justice Cooperation (Eurojust), andreplacing and repealing Council Decision 2002/187/JHA, (OJ L 295, 21.11.2018, p. 138).
Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016
on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing
and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA,
2009/936/JHA and 2009/968/JHA, (OJ L 135, 24.5.2016, p. 53).

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(67)

Directive 2011/93/EU provides for criminal offences concerning the sexual abuse ofchildren. In order to ensure coherence with this Directive as regards the criminal offence ofrape, the same degree of protection for children who have reached the age of sexual consent
should be ensured and a specific offence should be defined as regards children below the ageof sexual consent. Therefore, Directive 2011/93/EU should be amended accordingly.

(67 bis) This Directive establishes minimum rules. Member States are therefore free to adopt
or maintain more stringent criminal law rules concerning the definition of criminal
offences and sanctions in the area of violence against women. As regards the provisionsof this Directive on the rights of victims, Member States may introduce or maintainprovisions with higher standards, including such which provide a higher level ofprotection and support for victims.
(68)

Since the objective of this Directive, namely to prevent and combat violence against womenand domestic violence across the Union on the basis of common minimum rules, cannot be
sufficiently achieved by the Member States but can rather, by reason of the scale and effectsof the envisaged measures, be better achieved at Union level, the Union may adopt
measures, in accordance with the principle of subsidiarity as set out in Article 5 of theTreaty on European Union. In accordance with the principle of proportionality, as set out inthat Article, this Directive does not go beyond what is necessary to achieve that objective.

(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 theTreaty on European Union and to the Treaty on the Functioning of the European Union, andwithout prejudice to Article 4 of that Protocol, Ireland is not taking part in the adoption ofthis Directive and is not bound by it or subject to its application.]

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OR
[In accordance with Article 3 of Protocol No 21 on the position of United Kingdom andIreland 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… 22 June 2022] its wish to take part in the adoption and applicationof 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 theEuropean Union, Denmark is not taking part in the adoption of this Directive and is notbound by it or subject to its application.

(71)

The European Data Protection Supervisor was consulted in accordance with Article 42(1) ofRegulation (EU) 2018/1725 and delivered an opinion on [XX XX 5 April 2022],

HAVE ADOPTED THIS DIRECTIVE:

CHAPTER 1
GENERAL PROVISIONS

Article 1
Subject matter and scope
1.

This Directive lays down rules to prevent and combat violence against women anddomestic violence. It establishes minimum rules concerning:(a)the definition of criminal offences and penalties in the areas of sexual exploitation of
women and children and computer crime;

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(b)

the rights of victims of all forms of violence against women or domestic violence before,
during or and for an appropriate time after criminal proceedings;(c)victims’ protection and victims’ support.

2.

The provisions of Chapters 3 to 7 shall apply to all victims of offences of violenceagainst women and domestic violence, as defined under this Directive, regardless of
their gender. These victims are all the victims of acts criminalised under Chapter 2,
as well as victims of any other acts of violence against women or domestic violence, as
criminalised under other Union acts or under national law.
Article 2Victims at an increased risk of violence and specific risks

1.

When implementing the measures under this Directive, Member States shall take into
consideration the increased risk of violence faced by victims experiencing discrimination
based on a combination of sex and other grounds so as to cater to their enhanced protection
and support needs, as set out in Article 18(4), Article 27(5) and Article 37(7).

2.

Member States shall ensure that, in the application of this Directive, particular attention ispaid to the risk of intimidation, retaliation, secondary and repeat victimisation and to theneed to protect the dignity and physical integrity of victims.

Article 3
Scope
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(b)

acts of violence against women or domestic violence as criminalised under other
instruments of Union law;(c)any other acts of violence against women or domestic violence as criminalised undernational law.

Article 4
Definitions
For the purposes of this Directive, the following definitions shall apply:(a)“violence against women” means all acts of gender-based violence, that is directed against
a woman or a girl because she is a woman or a girl or that affects women or girls
disproportionately, including all acts of such violence that result in, or are likely to resultin, physical, sexual, psycological or economic harm or suffering, including threats of suchacts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private
life;

(b)

“domestic violence” means all acts of violence, that result in, or are likely to result in,physical, sexual, psychological or economic violence harm or suffering, that occur within
the family or domestic unit, irrespective of biological or legal family ties, or between
former or current spouses or partners, whether or not the offender shares or has shared aresidence with the victim;(c)“victim” means any person, regardless of their sex or gender, unless specified otherwise,
who has suffered harm, which was directly caused by acts of violence against women or
domestic violence covered under this Directive, including children who have sufferedharm because they have witnessed witnesses of such domestic violence;

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(d)

“cyber violence” means any act of violence covered in Articles 7 to 10 by this Directivethat is committed, assisted or aggravated in part or fully by the use of information andcommunication technologies;(e)“information and communication technologies” means all technological tools andresources used to digitally store, create, share or exchange information, including smart
phones, computers, social networking and other media applications and services;(f)“hosting service providers of intermediary services” means providers of the services as
defined in Article 32 point (gf) (iii) of Regulation (EU) 2022/2065 of the European
Parliament and of the Council of 19 October 2022 on a Single Market For Digital
Services and amending Directive 2000/31/EC (Digital Services Act)YYYY/XXX of theEuropean Parliament and of the Council17 [Regulation on a Single Market for Digital
Services];(fa)“providers of intermediary services” means providers of the services as defined in
Article 3, point (g) of Regulation (EU) 2022/2065 of the European Parliament and of
the Council of 19 October 2022 on a Single Market For Digital Services andamending Directive 2000/31/EC (Digital Services Act);(g)“sexual harassment at work” means any form of unwanted verbal, non-verbal or physicalconduct of a sexual nature, where it occurs in the course of, linked with, or arising inmatters of employment, occupation and self-employment, with the purpose or effect ofviolating the dignity of the victim, in particular when creating an intimidating, hostile,
degrading, humiliating or offensive environment;

(h)

17

“child” means any person below the age of 18 years;

Regulation (EU) YYYY/XXX of the European Parliament and of the Council on a Single
Market for Digital Services (OJ L …).

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(i)

“age of sexual consent” means the age below which, in accordance with national law, it isprohibited 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 andsupport;(k)“competent authorities” means any public authorities designated under national law
as competent to carry out the duties provided for in the relevant provisions of thisDirective.

CHAPTER 2
OFFENCES CONCERNING SEXUAL EXPLOITATION OF
WOMEN AND CHILDREN AND COMPUTER CRIME

Article 5
Rape
1.

Member States shall ensure that the following intentional conduct is punishable as acriminal offence:(a)engaging with a woman in any non-consensual act of vaginal, anal or oral
penetration of a sexual nature, with any bodily part or object;

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(b)

causing a woman to engage with another person in any non-consensual act ofvaginal, anal or oral penetration of a sexual nature, with any bodily part or object.

2.

Member States shall ensure that a non-consensual act is understood as an act which is
performed without the woman’s consent given voluntarily or where the woman is unable toform a free will due to her physical or mental condition, thereby exploiting her incapacity
to form a free will, such as in a state of unconsciousness, intoxication, sleep, illness, bodily
injury or disability.

3.

Consent can be withdrawn at any moment during the act. The absence of consent cannot be
refuted exclusively by the woman’s silence, verbal or physical non-resistance or pastsexual conduct.

Article 6
Female genital mutilation
Member States shall ensure that the following intentional conduct is punishable as a criminal
offence:(a)excising, infibulating or performing any other mutilation to the whole or any part of thelabia majora, labia minora or clitoris;(b)

coercing or procuring a woman or a girl to undergo any of the acts referred to in point (a).

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Article 7
Non-consensual sharing of intimate or manipulated material
1.

Member States shall ensure that the following intentional conduct is punishable as acriminal offence:(a)making accessible to the public, by means of information and communication
technologies intimate images, or videos or other similar material depicting sexually
explicit activities, or the intimate parts of a of another person without the that person’s
consent of the persons involved accessible to a multitude of end-users by means of
information and communication technologies where such conduct is likely to cause
serious harm to those persons;(b)producing, or manipulating or altering and subsequently making accessible to the publica multitude of end-users, by means of information and communication technologies,
images, videos or similar other material, making it appear as though another person is
engaged in sexually explicit activities, without their that person’s consent, where suchconduct is likely to cause serious harm to the person;(c)threatening to engage in the conduct referred to in points (a) and (b) in order to coerce
another person to do, acquiesce or refrain from a certain act.

2.

Paragraph 1 (a) and (b) shall apply without prejudice to the application of exceptions
provided for under national or Union law, which guarantee the freedom of expression
and information and the freedom of the arts and sciences.

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Article 8
Cyber stalking
Member States shall ensure that the following intentional conduct of is punishable as a criminal
offence:(a)persistently engaging in threatening or intimidating conduct directed at another person, bymeans of information and communication technologies, which causes that the person fears
for own safety or that the person fears for safety of dependants;(b)

repeatedly or continuously placing another person under continuous surveillance, withoutthat person’s consent or a legal authorisation to do so, by means of information andcommunication technologies, to track or monitor that person’s movements and activities,
where such conduct is likely to cause serious harm to the person, is punishable as acriminal offence;(c)making material containing the personal data of another person, without that person’s
consent, accessible to a multitude of end-users, by means of information andcommunication technologies, for the purpose of inciting those end-users to cause physicalor significant psychological harm to the person.

Article 9
Cyber harassment
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(a)

initiating an attack with third parties directed at another person, by making threatening or
insulting material accessible to a multitude of end-users, by means of information andcommunication technologies, with the effect of causing significant psychological harm to
the attacked person;(a)persistently repeatedly or continuously engaging in threatening or intimidating conduct
directed at another person, at least when this conduct involves threats to commit
criminal offences, by means of information and communication technologies, where suchconduct which is likely to causes that the person to seriously fears for their own safety orthat the person fears for safety of dependants;(b)

engaging, together with other persons, by means of information and communication
technologies, in publicly accessible threatening or insulting conduct, initiating an attack
with third parties directed at another person, by making threatening or insulting material
accessible to a multitude of end-users, by means of information and communication
technologies, where such conduct is likely to cause with the effect of causing serious
significant psychological harm to the attacked person;c)making accessible to the public by means of information and communication
technologies material containing the personal data of another person, without that person’s
consent, accessible to a multitude of end-users, by means of information andcommunication technologies, for the purpose of inciting others those end-users to cause
physical or serious significant psychological harm to the person.

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(b)

participating with third parties in attacks referred to in point (a).

Article 10
Cyber incitement to violence or hatred1.

Member States shall ensure that the intentional conduct of inciting to violence or hatreddirected against a group of persons or a member of such a group defined by reference tosex or gender, by public disseminationng to the public of material containing such
incitement by means of information and communication technologies is punishable as acriminal offence.

2.

For the purpose of paragraph 1, Member States may choose to punish only conduct
which is either carried out in a manner likely to disturb public order or which isthreatening, abusive or insulting.

Article 11
Incitement, aiding and abetting, and attempt1.

Member States shall ensure that inciting and aiding and abetting the commission of any of
the criminal offences referred to in Articles 5 6 to 9(b) are punishable as criminal offences.

1bis.

Member States shall ensure that aiding and abetting the commission of any of thecriminal offences referred to in Articles 6(a) and 7 to 9 are punishable as criminal
offences.

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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 6 to 11 arepunishable by effective, proportionate and dissuasive criminal penalties.

2.

Member States shall ensure that the criminal offence referred to in Article 5 is 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 Article 5,
who has previously been convicted of offences of the same nature, mandatorily participatesin an intervention programme referred to in Article 38.

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 in the most serious cases of
Article 6 as defined in their national law and at least 7 years of imprisonment if theoffence was committed under aggravating circumstances referred to in Article 13.

5.

Member States shall ensure that the criminal offences referred to in Articles 7 8 and to 10
are punishable by a maximum penalty of at least 1 2 years of imprisonment.

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6.

Member States shall ensure that the criminal offences referred to in Articles 7 and 9 arepunishable 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 thecriminal offences referred to in Articles 5 6 to 10, Member States shall take the necessary
measures to ensure that, in relation to the relevant offences referred to in Articles 6 to 10, one
or several of the following circumstances they may, in accordance with the relevant provisionsof national law, 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 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;(h)the offence was committed with the use of force or threats to use force, or coercion;(i)the conduct offence caused resulted in the death or suicide of the victim or severe physicalor psychological harm for the victim;

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(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 thevictim;(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 thecriminal offences referred to in Articles 5 6 to 11 where:

2.

(a)

the offence is committed in whole or in part within their territory;(b)

the offence is committed by one of their nationals.

A Member State shall inform the Commission where it decides to extend its jurisdiction tocriminal offences referred to in Articles 5 6 to 11 which have been committed outside its
territory in any of the following situations:(a)the offence is committed against one of its nationals or habitual residents in its
territory;

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(b)
3.

the offender is a habitual resident in its territory.

Member States shall ensure that their jurisdiction established over the criminal offencesreferred to in Articles 7 to 10 11 includes situations where the offence is committed bymeans 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
jurisdiction established over the criminal offences referred to in Article 6 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 exerciseof 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 wascommitted, or a denunciation from the State of the place where the criminal offence wascommitted.

Article 15
Limitation periods
1.

Member States shall take the necessary measures to provide for a limitation period thatenables the investigation, prosecution, trial and judicial decision of concerning criminal
offences referred to in Articles 5 6 to 11 for a sufficient period of time after thecommission of those criminal offences, in order for those criminal offences to be
tackled effectively. The limitation period shall be commensurate with the gravity ofthe offence concerned.

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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 theoffence 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 theoffence was 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 thecriminal 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 for offences referred to in Article 6 shallcommence at the earliest once the victim has reached 18 years of age.

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CHAPTER 3
PROTECTION OF VICTIMS AND ACCESS TO JUSTICE

Article 16
Reporting of violence against women or domestic violence1.

In addition to the rights of victims when making a complaint under Article 5 of Directive
2012/29/EU, Member States shall ensure that victims can report criminal offences acts ofviolence against women or domestic violence to the competent authorities throughaccessible, easy-to-use and readily available channels in an easy and accessible manner.
This shall may include the possibility of reporting criminal offences such acts online or
through other information and communication technologies, including the possibility tosubmit evidence, in particular concerning reporting of criminal offences acts of cyberviolence.

2.

Member States shall take the necessary measures to encourage any person who knows
about or suspects, in good faith, that offences acts of violence against women or domestic
violence have occurred, or that further acts of violence are to be expected, to report this tothe competent authorities. Where a person other than the victim is making the report,
Member States shall ensure that the competent authorities take adequate measures
for the victim’s safety when necessary.

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3.

Member States shall ensure that healthcare professionals subject to the confidentiality
obligations rules imposed by national law on relevant professionals, such as healthcare
professionals, do not constitute an obstacle are able to their reporting to the competentauthorities if they have reasonable grounds to believe that there is an imminent risk that
serious physical harm will be inflicted on a person due to their being subject to violenceagainst women or domestic violence any of the offences covered under this Directive.

3bis

Member States shall ensure that, where If the victim is a child, the relevant without
prejudice to rules on legal professional privilege or, where provided for undernational law, clergy-penitent privilege or equivalent principles, professionals subject
to confidentiality obligations under national law are shall be able to report to thecompetent authorities if they have reasonable grounds to believe that a serious physicalharm act of violence covered under this Directive has been inflicted on the child as aresult of violence against women or domestic violence committed or further serious actsof violence are to be expected.

4.

Where children report criminal offences acts of violence against women or domestic
violence to the competent authorities, Member States shall ensure that the reporting
procedures are safe, confidential, designed and accessible in a child-friendly manner andlanguage, in accordance with their age and maturity. If the offence act involves the holderof parental responsibility, Member States should shall ensure reporting is not conditional
upon this person’s consent.

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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 fromtransferring personal data pertaining to the residence status of the victim to competentmigration authorities, at least until completion of the first individual assessment referred toin Article 18.

Article 17
Investigation and prosecution
1.

Member States shall ensure that persons, units or services investigating and prosecuting
violence against women or domestic violence have sufficient adequate expertise andeffective investigative tools to effectively investigate and prosecute such acts crimes,
especially to gather, analyse and secure electronic evidence in cases of cyber violence.

2.

Member States shall ensure that reported offences acts of violence against women or
domestic violence are processed and transferred without delay to the competent authorities
for investigation and prosecution and investigation.

3.

Where there is reasonable grounds to suspect that a criminal offence may have beencommitted, tThe competent authorities shall, without undue delay, promptly andeffectively record and investigate, upon a complaint or ex officio, allegations of acts ofviolence against women or domestic violence. They shall and ensure that an official
complaint record is filed in all cases.

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4.

In order to assist in the voluntary securing of evidence, in particular in cases of sexual
violence, Tthe competent authorities shall, without undue delay, promptly refer direct
victims to relevant health care professionals or to the support services referred to in
Articles 27, 28 and 29, specialised in to assisting in securing of evidence, in particular incases of sexual violence, where the victim wishes to bring charges and make use of suchservices.

5.

Member States shall ensure that Iinvestigations into or prosecution of offences acts
referred to in Article 5 acts of rape shall not be dependent on reporting or accusation by avictim or by their representative, and that criminal proceedings shall may continue even if
the report or accusation has been withdrawn.

Article 18
Individual assessment to identify victims’ protection needs
1.

In addition to the framework requirements of the individual assessment which is to be
carried out under Article 22 of Directive 2012/29/EU, Member States shall ensure that, atleast in respect of as regards victims of sexual violence and domestic violence coveredby this Directive, the additional elements requirements as set out in paragraphs 2 to 7 ofthis Article are fulfilled assessed.

2.

This individual assessment shall be initiated upon at the earliest possible stage after 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 anassessment has been conducted. If this has not been the case, they shall remedy thesituation by undertaking an assessment as soon as possible.

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3.

The individual assessment shall focus on the risk emanating from the offender or suspect,which may includeing the risk of repeated violence, the risk of bodily harm, the use of
weapons, the offender or suspect living with the victim, an offender or suspect’s drug or
alcohol misuse, child abuse, mental health issues or behaviour of stalking.

4.

The individual assessment shall take into account the victim’s individual circumstances,which may includeing whether they experience discrimination based on a combination ofsex and other grounds and therefore face a heightened risk of violence, as well as thevictim’s own account and assessment of the situation. It shall be conducted in the bestinterest of the victim, paying special attention to the need to avoid secondary or repeatedvictimisation.

5.

Member States shall ensure that the competent authorities take adequate protection
measures, are taken taking into account on the basis of the individual assessment., suchas: Those measures may include:(a)measures under referred to in Articles 23 and 24 of Directive 2012/29/EU;(b)

the granting of emergency barring and restraining or protection orders pursuant 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.

6.

When appropriate, Tthe individual assessment shall be undertaken in collaboration withall relevant competent authorities depending on the stage of the proceedings, and relevant
support services, such as victim protection centres and women’s shelters, social services
and healthcare professionals.

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7.

Competent authorities shall update review the individual assessment at regular intervals toensure that it addresses to the victim’s current situation and, where relevant, take newor update ongoing This shall include an assessment of whether protection measures inaccordance with paragraph 5, in particular under Article 21, need to be adapted or taken.

8.

Victims’ dependants under the age of 18, and other dependants where provided bynational law, shall be presumed to have specific protection needs without undergoing theassessment referred to in paragraphs 1 to 6, unless there are indications that thesedependants do not have specific protection needs.

Article 19
Individual assessment of victims’ support needs
1.

Member States shall ensure that, taking into account the individual assessment referred toin Article 18, the competent authorities, when necessary, assess the victim’s and theirdependant’s, under the age of 18, and other dependants where provided by nationallaw, individual needs for support as provided for under Chapter 4.

2.

Article 18(4) and (7) shall appliesy to the individual assessment of support needs underparagraph 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 orprotection needs or if the victim requests support, Member States shall ensure that support
services, in cooperation with the competent authorities, contact victims to offer support.
Member States may make the contact subject to the victim’s consent.

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2.

The competent authorities shall respond to the victim’s requests for protection and support
in a timely and coordinated manner.

3.

Where needed, they competent authorities shall be able to refer child victims, including
witnesses, to support services, when necessary without the prior consent of the holder ofparental responsibility.

4.

Member States shall ensure that the competent authorities transmitssion of relevant
personal data concerning the victim and their situation of the victim to the relevant support
services, where this is necessary to ensure that the victim receives appropriate support andprotection. Such transmission shall be confidential. Member States may make thetransmission subject to the victim’s consent.

5.

Support services shall store personal data for as long as necessary for the provision of
support services, and in any event for no longer than 12 months 5 years after the lastcontact between the support service and the victim.

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Article 21
Emergency barring, restraining and protection orders
1.

Member States shall ensure that, in situations of immediate danger for the health or safetyof the victim,’s or their dependant’s under the age of 18, and other dependants where
provided by national law, health or safety, the competent authorities can issue orders
addressed at an offender or suspect of violence covered by this Directive to vacate theresidence of the victim or their dependants for a sufficient period of time and to prohibit
the offender or suspect from entering the residence or to enter the victim’s workplace orcontacting the victim or their dependants in any way. Such orders shall have immediate
effect and not be dependent on a victim reporting the criminal offence.

2.

Member States shall ensure that the competent authorities can issue restraining orprotection orders to provide long-term protection for as long as necessary for victims ortheir dependants against any acts of violence covered by this Directive, including byprohibiting or restraining certain dangerous behaviour of the offender or suspect.

2bis.

Where the victim is an adult, Member States may require that emergency barring,
restraining and protection orders, provided for in paragraphs 1 and 2, shall be issued
at the request of the victim.

3.

Member States shall ensure that the competent authorities, where relevant, inform victimsof the possibility to apply for emergency barring and restraining or protection orders, aswell as the possibility to seek cross-border recognition of protection orders pursuant to
Directive 2011/99/EU or Regulation (EU) No 606/2013.

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4.

Any breaches of emergency barring or restraining and protection orders shall be subject toeffective, proportionate and dissuasive criminal or other legal penalties.

5.

This Article does not oblige the Member States to modify their national systems as regards
the qualification of emergency barring orders and protection orders as falling undercriminal, civil or administrative law.

Article 22
Protection of victim’s private life
Without prejudice to the rights of defence, Member States shall ensure that, in criminal
investigations and court proceedings, questions, enquiries and evidence concerning the past sexual
conduct of the victim or other aspects of the victim’s private life related thereto are not shall bepermitted only when it is relevant and necessary.

Article 23
Guidelines for law enforcement and judicial authorities
Member States may shall issue non-binding guidelines for the competent authorities acting incriminal proceedings, including prosecutorial and judicial guidelines, concerning cases of violenceagainst women or domestic violence. Those guidelines shall may include guidance on:(a)how to ensure the proper identification of all forms of such violence;(b)

how to conduct the individual assessment under Articles 18 and 19;(c)

how to treat victims in a trauma-, gender-, disability and child-sensitive manner;(d)

how to ensure the proceedings are conducted in a manner as to prevent secondary or
repeat victimisation;

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(e)

how to cater to the enhanced protection and support needs of victims experiencing
discrimination based on a combination of sex and other grounds;(f)

how to avoid gender stereotypes and raise awareness on all victim groups in thecontext of domestic violence;(g)

how to refer victims to support services, to ensure the appropriate treatment ofvictims and handling of cases of violence against women or domestic violence;(h)how to ensure the protection of the victim´s privacy and confidential
information.

Article 24
Role of national bodies and equality bodies
1.

Member States shall designate and make the necessary arrangement for a body or bodies tocarry out the following tasks:–(a) provide independent assistance and advice to victims of violence against
women and domestic violence;–(b)publish independent reports and make recommendations on any issue
relating to violence against women and domestic violence such forms ofviolence;–(c) exchange available information with corresponding European bodies such as
the European Institute for Gender Equality.

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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 referred to in paragraph 1 can act on behalf orin support of one or several victims of violence against women or domestic violence injudicial proceedings, including for the application for compensation referred to in Article
26 and removal of online content referred to in Article 25, with the victims’ approval.

Article 25
Measures to remove certain online material
1.

Without prejudice to Regulations (EU) 2022/2065, Member States shall take thenecessary measures to ensure the prompt removal of or disabling access to online
publicly accessible material referred to in Article 7, points 1 (a) and (b), Article 8, point(c), and Articles 9 and 10. Those measures shall include the possibility for their competentjudicial authorities to issue, upon application by the victim, binding legal orders to remove
or disable access to such material addressed to relevant providers of intermediary services.
Member States shall ensure that the orders meet, at least, the conditions set out in
Article 9 (2) of Regulation (EU) 2022/2065.

2.

The orders to remove or disable access to the material concerned shall be addressedto hosting service providers. To cover situations where removal would not be feasible,
the competent authorities may also address the orders to disable access to otherrelevant intermediary service providers that have the technical and operational
ability to act against the material concerned.

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Member States shall ensure that orders referred to in paragraph 1 can be issued in interim
proceedings, even prior to the termination of any criminal proceedings regarding theoffences referred to in Article 7, points (a) and (b), Article 8, point (c), Article 9 or Article
10 where the judicial authority seized considers that:(a)it has been presented with sufficient evidence to justify the conclusion that the
conduct referred to in Article 7, points (a) and (b), Article 8, point (c), Article 9 or
Article 10 likely took place in respect of the applicant and that the material that is theobject of the application constitutes material as referred to in those articles;(b)

the removal of that material is necessary to prevent or limit significant harm to thevictim;(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.

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3.

Member States shall ensure that orders referred to in paragraph 1 and 2 are valid for an
appropriate time period not exceeding one year, subject to renewal for an additional
appropriate time period, upon application by the victim, where the judicial authority seized
considers that the conditions of paragraph 2 continue to be met. However, Member Statesshall ensure that, where criminal proceedings regarding the offences referred to in Article
7, point 1 (a) and (b), Article 8, point (c), and Article 9 or Article 10 are terminatedwithout leading to the finding of such an offence having been committed, the orders areinvalidated and the hosting services providers or other relevant intermediary service
providers provider of intermediary services concerned by the orders are is informed
thereof.

4.

Member States shall ensure that the orders and other measures referred to in paragraphs 1
and 2 are taken following transparent procedures and are subject to adequate safeguards, inparticular to ensure that those orders and other measures are limited to what is necessary
and proportionate and that due account is taken of the rights and interests of relevant all
parties involved. Member States shall ensure that hosting service providers, otherrelevant intermediary service providers, and content providers affected by an orderreferred to in paragraph 1 have a right to an effective judicial remedy. That rightshall include the right to challenge such an order before the courts of the Member
State of the competent authority that issued the order.

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5.

Member States shall ensure that the relevant end-users content providers of the relevant
services are informed, where appropriate by the intermediary service hosting services
providers, or, where relevant, by any other relevant 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 of the possibility to thatthose end-users have access to judicial redress.

6.

Member States shall ensure that the removal of or disabling access to the material pursuant
to the orders or other measures referred to in paragraphs 1 and 2 does not prevent thecompetent authorities from obtaining or securing the evidence necessary for theinvestigation and prosecution of the offences referred to in Article 7, points 1 (a) and (b),Article 8, point (c), Article 9 or Article 10.

Article 26
Compensation from offenders
1.

Member States shall ensure that victims have the right to claim full compensation from
offenders for damages resulting from all forms offences of violence against women or
domestic violence, in accordance with national law.

2.

Member States shall ensure, where appropriate, that victims are able to obtain a decision
on compensation in the course of criminal proceedings.

3.

The compensation shall place victims in the position they would have been in had theoffence not taken place, taking into account the seriousness of the consequences for thevictim. Compensation shall not be restricted by the fixing of an upper limit.

4.

The damage shall include costs for healthcare services, support services, rehabilitation, lossof 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 shall also compensate forphysical and psychological harm and moral prejudice.

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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 the offender and the victim share thesame domestic unit. In addition, if the victim is a child, the limitation period shall notcommence 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 SUPPORTArticle 27
Specialist support to victims
1.

Member States shall ensure that specialist support services referred to in Articles 8(3) and9(3) of Directive 2012/29/EU are available for victims of acts of violence covered by thisDirective, irrespective of whether they have filed a formal complaint.
The specialist support services shall provide:

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(a)

advice and information and support on any relevant legal or practical mattersarising as a result of the crime, including on access to housing, education, training,financial support and assistance to remain in or find employment;(ba) information about access to legal counselling, including possibilities of legal aid,
where available;(b)referrals information on services providing to medical and forensic examinations
and on psychosocial counselling;(c)support to victims of cyber violence, including advice information on judicial
remedies and remedies to remove online content related to the crime.

2.

Specialist support referred to in paragraph 1 shall be offered in-person, tailored to theneeds of the victims of violence against women and domestic violence, and shall beeasily accessible and readily available, including online or through other adequate means,such as information and communication technologies, tailored to the needs of victims ofviolence against women and domestic violence.

3.

Member States shall ensure sufficient human and financial resources to provide theservices referred to in paragraph 1., especially those referred to in point (c) of thatparagraph, including wWhere such services are provided by non-governmentalorganisations, Member States shall provide the latter with adequate funding, taking
into account the proportion of services already provided by public authorities.

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4.

Member States shall provide the protection and specialist support services necessary tocomprehensively address the multiple needs of victims either by providing these services
at the same premises, or by coordinating have such services coordinated through a central
contact point, or by facilitating access to such services through one-stop online access tosuch services. The Such combined offering of services included shall include at least
cover first hand medical care and social services, psychosocial support, legal, and police
services, or information on and direction to such services.

5.

Member States shall ensure that 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 are issued, including on referring
victims to the relevant support services. Such guidelines and protocols shall also indicate
how 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 othergrounds of discrimination.

5.bisMember States shall ensure that guidelines and protocols for health-care services
performing first hand medical care are issued on identifying and providing
appropriate support to victims of violence against women and domestic violence.
Such guidelines and protocols shall cover preservation and documentation ofevidence, and its further transmission to competent forensic centres in accordancewith national law.

6.

Member States shall aim to ensure that specialist support services remain fully operational
for victims of violence against women and domestic violence in times of crisis, such as
health crises or other states of emergency.

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7.

Member States shall ensure that specialist support services are available to victims before,
during and for an appropriate time after criminal proceedings.

Article 28
Specialist support for victims of sexual violence1.

Member States shall provide for appropriately equipped, easily accessible rape crisis orsexual violence referral centres, which may form part of the healthcare system, toensure effective support to victims of sexual violence, including assisting in thepreservation safekeeping and documentation of evidence. Thoese centres shall provide for
medical and forensic examinations, trauma-sensitive support and, where necessary,referral to specialised trauma support and psychological counselling, after the offence has
been perpetrated and for as long as necessary thereafter. In addition, Member Statesshall ensure that victims of sexual violence have access to medical and forensic
examinations. These examinations may be provided in the centres referred to in thisparagraph or through referral to specialised centres or units; in such case Member
States shall ensure coordination between the referral centres and competent medical
and forensic centres. Where the victim is a child, such services shall be provided in achild-friendly manner.

2.

The services referred to in paragraph 1 shall be available free of charge, without prejudice
to those services that are provided for under the national health care system, andaccessible every day of the week. They may be part of the services referred to in Article
27.

3.

Member States shall ensure a sufficient geographical distribution and capacity of these
services across the Member State.

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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, and age-appropriate support to victims of female
genital mutilation, including by providing, gynaecological, sexological, psychological andtrauma care and counselling tailored to the specific needs of such victims, after the offence
has been perpetrated and for as long as necessary thereafter. This shall also include theprovision of information on units in public hospitals that 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.

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Article 30
Specialist support for victims of sexual harassment at work
In cases of sexual harassment at work that constitute a criminal offence under national law,
Member States shall ensure that external counselling services are available for victims andemployers. These services shall include advice information on ways to adequately addressing such
instances at the workplace, including on available legal remedies available to the employer toremove the offender from the workplace and providing the on possibilitiesy of early conciliation, if
the victim so wishes.

Article 31
Helplines for victims
1.

Member States shall ensure that set up state-wide round-the-clock (24/7) telephone
helplines are available, free of charge, to provide advice for victims of violence against
women and domestic violence. Advice shall be provided confidentially or with due regard
for their anonymity. Member States are encouraged to provide shall ensure the provisionof such service also through other information and communication technologies, including
online applications.

2.

Member States shall take appropriate measures to ensure the accessibility of the services
referred to in paragraph 1 for end-users with disabilities, including providing support ineasy to understand language. Those services shall be accessible in line with theaccessibility requirements for electronic communications services set in Annex I to
Directive 2019/882/EU of the European Parliament and of the Council18.

18

Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on
the accessibility requirements for products and services, OJ L 151, 7.6.2019, p. 70–115.

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3.

Article 27(3) and (6) shall apply to the provision of helplines and support throughinformation and communication technologies under this Article.

4.

[Member States are encouraged to shall ensure that the service under paragraph 1 forvictims of violence against women is reachable operated under the harmonised number at
EU level “116 016” in addition to any existing national number(s). and that the eEndusers shall be are adequately informed of the existence and use of such number.]

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 address the specific needs of women victims ofdomestic violence and sexual violence. They shall assist them in their recovery, providing
adequate and appropriate living conditions with a view on a return to independent living.

2.

The shelters and other appropriate interim accommodations shall be provided in sufficientnumbers and easily accessible and equipped to accommodate the specific needs ofwomen and 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.

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Article 33
Support for child victims
1.

Member States shall ensure that children are provided specific adequate support as soon as
the competent authorities have reasonable grounds to believe that a the children might
have been subject to, or might have , including having witnessed, violence against womenor domestic violence. Support to children shall be specialised and appropriate to ageappropriate, developmental needs and the individual situation of the child, respecting
the best interests of the child.

2.

Child victims shall be provided with age-appropriate medical care, emotional,
psychosocial, psychological and educational support, tailored to developmental needs
and individual situation of the child, as well as any other appropriate support tailored inparticular to situations of domestic violence.

3.

Where it is necessary to provide for interim accommodation, children shall as a priority beplaced together with other family members, in particular with a non-violent parent inpermanent or temporary housing, equipped with support services. The principle of thebest interests of the child shall be decisive when assessing matters regarding interim
accommodation Placement in shelters shall be a last resort.
Article 34
Safety of children

Member States shall establish and maintain safe places which allow a safe contact between a childand a holder of parental responsibilities who is an offender or suspect of violence against women or
domestic violence, to the extent that the latter has rights of access. Member States shall ensure
supervision by trained professionals, as appropriate, and in the best interests of the child.

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Article 35
Targeted support for victims with specific needs and groups at risk
1.

Member States shall ensure the provision of specific support to victims at an increased riskof violence against women or domestic violence because they are subject todiscrimination based on a combination of sex and any other ground or grounds, suchas women with disabilities, women living in rural areas, women with dependant residence
status or permit, undocumented migrant women, women applying for international
protection, women fleeing from armed conflict, women affected by homelessness, womenwith a minority racial or ethnic background, women sex workers, women detainees, orolder women.

2.

The support services under Articles 27 to 32 shall have sufficient capacities toaccommodate victims with disabilities, taking into consideration their specific needs,
including personal assistance.

3.

The support services shall be available for third-country nationals who are victims ofviolence against women and domestic violence, including for applicants for international
protection, for undocumented persons and for persons subject of return procedures indetention. Member States shall ensure that victims who request so may be kept separatelyfrom persons of the other sex in detention facilities for third-country nationals subject ofreturn procedures, or accommodated separately in reception centres for applicants forinternational protection.

4.

Member States shall ensure that persons can report occurrences of violence against womenor domestic violence in reception and detention centres to the relevant staff and thatprocedures protocols are in place to ensure they or the competent authorities
adequately and swiftly address such reports in accordance with the requirements under in
Articles 18, 19 and 20.

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CHAPTER 5
PREVENTION

Article 36
Preventive measures
1.

Member States shall take appropriate actions to prevent violence against women anddomestic violence.

2.

Preventive measures shall include conducting or supporting awareness-raising campaigns
or programmes, which may include research and education programmes, whereappropriate developed in cooperation with relevant civil society organisations, social
partners, impacted communities and other stakeholders, to increase awareness andunderstanding among the general public of the different manifestations and root
causes of all forms of violence against women and domestic violence, theirconsequences in particular on children and the need for their prevention.

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 measuresavailable to the general public.

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4.

Targeted action shall be focused on addressed to groups at heightened risk, includingchildren, according to 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 or adapted in a child-friendly way. Information shall bepresented in formats accessible to people with disabilities.

5.

Preventive measures shall in particular aim at challenging harmful gender stereotypes,
promoting equality between women and men, encouraging all, including men and boys, toact as positive role models to support corresponding behaviour changes across society andto seek help where needed as a whole in line with the objectives of this directive.

6.

Preventive measures shall develop and/or increase sensitivity about the harmful practice offemale genital mutilation, taking into account the incidence of such offences in theMember State concerned.

7.

Preventive measures shall also specifically address cyber violence. In particular, Member
States shall ensure that education such 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 multidisciplinary and stakeholder cooperation, including
hosting service providers intermediary services and competent authorities, to develop andimplement measures to tackle cyber violence.

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8.

Without prejudice to Article 26 of Directive 2006/54/EC, Member States shall takeadequate and appropriate measures to address ensure that sexual harassment at work,when it constitutes a criminal offense under national law, is addressed in relevant
national policies. Those national policies may shall identify and establish the targeted
actions referred to in paragraph 2 for sectors where workers are most exposed.

Article 37
Training and information for professionals
1.

Member States shall ensure that professionals officials likely to come into contact withvictims, including such as police officers law enforcement authorities, and relevant court
staff, judges and prosecutors, lawyers, providers of victim support and restorative justiceservices, healthcare professionals, social services, educational and other relevant staff,
receive both general and specialist training and targeted information to a level appropriate
to their contacts with victims, to enable them to identify, prevent and address instances ofviolence against women or domestic violence and to treat victims in a trauma-, gender- andchild-sensitive manner and take accessibility into account when communicating withvictims with disabilities. Without prejudice to judicial independence and differencesin the organisation of the judiciary across the Union and with due respect for the
independence of the legal profession, Member States shall encourage such training
for judges and prosecutors and shall recommend that those responsible for the
training of lawyers make available such training.

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2.

Relevant health professionals, including paediatricians, gynecologists and midwives shallreceive targeted training to identify and address, in a cultural-sensitive manner, thephysical, psychological and sexual consequences of female genital mutilation.

3.

Persons with supervisory functions in the workplace, in both the public and private sectors,
shall receive training on how to recognise, prevent and address sexual harassment at work,when it constitutes a criminal offense under national law including on risk assessments
concerning occupational safety and health risks, to provide support to victims affected
thereby and respond in an adequate manner. Those persons and employers shall receive
information about the effects of violence against women and domestic violence on workand 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 andsupport 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 ofwomen, and victim-blaming in the media, aimed at reducing the risk of violence against
women or domestic violence. These training activities may be provided by relevant
civil society organisations, non-governmental organisations working with victims ofviolence against women or domestic violence, social partners and other stakeholders.

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6.

Member States shall ensure that the authorities competent for receiving reports of offencesfrom victims are appropriately trained to facilitate and assist in the reporting of suchcrimes.

7.

Training activities referred to in paragraphs 1 and 2 shall be regular and mandatory,
including on cyber violence, and shall be built on the specificities of violence against
women and domestic violence. Such training activities shall may include training on how
to identify and address the specific protection and support needs of victims who face aheightened 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 theorganisation of the judiciary across the Union.

Article 38
Intervention programmes
1.

Member States shall take the necessary measures to ensure that targeted and effective
intervention programmes are established to prevent and minimise the risk of committing
offences of violence against women or domestic violence, or reoffending.

2.

The intervention programmes shall be made available for participation to persons who
committed an offence of violence against women or domestic violence and, including
may be made available to other persons who are assessed as being at risk forcommitting such offences. This may include persons who feel the need to participate,for example because they fear they might commit any offence of violence against womenor domestic violence.

3.

Member States shall ensure that an offender of the offence of rape is encouraged toparticipate in an intervention programme.

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CHAPTER 6
COORDINATION AND COOPERATION

Article 39
Coordinated policies and coordinating body
1.

Member States shall adopt and implement state-wide effective, comprehensive and coordinated policies encompassing all relevant measures to prevent and combat all forms ofviolence against women and domestic violence.

2.

Member States shall designate or establish one or more an official body responsible forcoordinating, implementing, monitoring and evaluating policies and measures to preventand combat all forms of violence covered under this Directive.

3.

That body, or one of the bodies designated pursuant to paragraph 2, shall coordinate
the collection of data referred to in Article 44, and analyse and disseminate its results.

4.

It Member States shall be responsible for coordinating ensure that policies arecoordinated at the central, and/or regional and local levels.

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Article 40
Multi-agency coordination and cooperation
1.

Member States shall put in place appropriate mechanisms, in accordance with nationallaw or practice, to ensure effective coordination and cooperation, at the national level, of
relevant authorities, agencies and bodies, including ombudsmen, local and regional
authorities, law enforcement agencies, the judiciary, with due respect for judicial
independence public prosecutors, support services providers as well as non-governmentalorganisations, social services, including child protection or welfare authorities, educationand healthcare providers, social partners, without prejudice to their autonomy, and otherrelevant organisations and entities, in protecting and supporting victims from violenceagainst women and domestic violence.

2.

Such mechanisms shall in particular pertain, where approporiate, to the individual
assessments under Articles 18 and 19, and the provision of protection and support
measures under Article 21 and Chapter 4, the non-binding guidelines for law enforcement
and judicial authorities under Article 23, and in the trainings for professionals as referred
to in Article 37.

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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 victims, concerning policymaking initiatives, information andawareness-raising campaigns, research and education programmes and in training, as well as inmonitoring and evaluating the impact of measures to support and protect victims.

Article 42
Cooperation between hosting intermediary service providers
Member States shall encourage self-regulatory cooperation between hosting service providers,such as codes of conduct, and raise awareness facilitate the taking of on self-regulatory measures
which may be adopted by hosting service providers of intermediary services in connection with to
this Directive, in particular to reinforce internal mechanisms that they implement to tackle theonline material referred to in Article 25(1) and to improve the training of their employees concernedon preventing, assisting and supporting the victims of the offences referred to therein.

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 information, such as best practices, with relevant Union agencies,
within their corresponding mandates, and consulting each other in individual
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(b)

exchanging information and best practices with relevant Union agencies;(c)and providing assistance to Union networks working on matters directly relevant toviolence 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.

2.

The statistics shall, as a minimum, include the following existing data, available at a
central level, disaggregated by sex, age of the victim and of the offender, relationshipbetween the victim and the offender and type of offence:(a)the number of victims who experienced violence against women or domestic
violence during the last 12 months, last five years and lifetime;(b)

the annual number of such victims of reported offences, of persons prosecuted forand convicted convictions of such forms of violence, obtained from national
administrative sources.

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3.

Member States shall endeavour to conduct a population-based surveys at regularintervals to 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. 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 shallendeavour to collect administrative data on the basis of common disaggregations
developed in cooperation with and according to the standards methodology developed by
the European Institute for Gender Equality in accordance with paragraph 5. They shalltransmit 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
taking into account the requirements set out in paragraph 2 on counting units,
counting rules, common disaggregations, reporting formats, and on the classification of
criminal offences.

6.

The Member States shall make the collected statistics available to the public. The statistics
shall not contain personal data.

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7.

The Member States shall support research on root causes, effects, incidences andconviction rates of the forms of violence covered by this Directive.

CHAPTER 7
FINAL PROVISIONS

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 amaximum 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 ororal 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 sexual nature, with any bodily part orobject.

8.

Where the child is above the age of sexual consent and does not consent to the act, Member
States shall ensure that the conduct set out in paragraph 7 is punishable by a maximum termof imprisonment of at least 10 years.

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9.

For the purpose of paragraph 8, Member States shall ensure that a non-consensual act isunderstood as an act which is performed without the child’s consent given voluntarily, or
where the child is unable to form a free will due to the presence of circumstances referred toin 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.”

Article 46
Level of protection
This Directive establishes minimum rules. Member States may introduce or maintain provisions
with higher standards, including such which provide a higher level of protection and support for
victims.

Article 47
Reporting and review
1.

By [seven years after the entry into force of this Directive] at the latest, Member Statesshall communicate to the Commission all relevant available information concerning theapplication of this Directive necessary for the Commission to draw up a report on theapplication of this Directive.

2.

On the basis of the information provided by Member States pursuant to paragraph 1, theCommission shall submit to the European Parliament and the Council a report in which it
reviews the application of this Directive.

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Article 48
Relationship with other Union acts1.

2.

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,(f)[Regulation (EU) 2022/2065…/… on a Single Market for Digital Services].

The specific measures of prevention, protection of and support to victims under thisDirective shall apply in addition to measures laid down in Directives 2011/36/EU,
2011/93/EU and 2012/29/EU.

Article 48 bis
Freedom of the press and the freedom of expression in other media
This Directive shall not affect special liability regimes relating to fundamental principles on to
the freedom of the press and the freedom of expression in protected media which exist in
Member States at the time of adoption of this Directive, provided these provisions can beapplied in full compliance with the Charter.

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Article 49
Non-regression clause
Nothing in this Directive shall be construed as lowering, limiting or derogating from any of therights and procedural safeguards that are guaranteed under the law of any Member State 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. The implementation of this Directive
shall not constitute grounds for justifying a reduction in the level of protection of victims. The
prohibition of such a reduction in the level of protection shall be without prejudice to theright of Member States to lay down, in light of changing circumstances, legislative or
regulatory arrangements other than those in force on the date of entry into force of thisDirective, provided that the minimum requirements laid down in this Directive are complied
with.

Article 50
Transposition
1.

Member States shall bring into force the laws, regulations and administrative provisions
necessary to comply with this Directive by [two three years after entry into force] at thelatest. They shall forthwith communicate to the Commission the text of those provisions.
When Member States adopt those provisions, they shall contain a reference to thisDirective 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 ofnational law which they adopt in the field covered by this Directive.

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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.
Done at Strasbourg,

For the European Parliament

For the Council

The President

The President

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