Changes from plenary report to adopted text

RemovedArticle 4 – paragraph 1 – introductory part: For the purposes of this Directive, the following definitions apply:

RemovedArticle 4 – paragraph 1 – point a: (a) “violence against women” means all acts of gender-based violence that are directed against a woman or a girl because she is a woman or a girl or that affect women or girls in all their diversity disproportionately, including all acts of such violence that result in, or are likely to result in, physical, sexual, psychological or economic harm or suffering, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life;

RemovedArticle 4 – paragraph 1 – point b: (b) “domestic violence” means all acts, or threats of acts, of physical, sexual, psychological or economic violence that result in, or are likely to result in, 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 a household with the victim;

RemovedArticle 4 – paragraph 1 – point f: (f) “provider of intermediary services” means a provider of an intermediary services as defined in Article 3, point (f), of Regulation (EU) 2022/2065 of the European Parliament and of the Council17; / 17 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) (OJ L 277, 27.10.2022, p.1).

RemovedArticle 4 – paragraph 1 – point g: (g) “sexual harassment in the world of work” means any form of unwanted verbal, non-verbal or physical conduct of a sexual nature, where it occurs in the course of, linked with, or arising in matters of employment, occupation, self-employment, informal and undocumented work, job seeking or training, including in public and private work spaces, places where the worker is paid, takes a rest, break or a meal, or uses sanitary, washing or changing facilities, during work-related trips, travel, training, events or social activities, through work-related communications, including those enabled by information and communication technologies, in employer-provided accommodation, or when commuting to and from work, with the purpose or effect of violating the dignity of the victim, in particular when creating an intimidating, hostile, degrading, humiliating or offensive environment, including where a person’s rejection of, or submission to, such conduct is used explicitly or implicitly as a basis for job-related decisions;

RemovedArticle 5 – paragraph 2: 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 to form 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 fear, intimidation, unconsciousness, intoxication, sleep, illness, bodily injury or disability or in an otherwise particularly vulnerable situation.

RemovedArticle 5 – paragraph 3: 3. Consent can be withdrawn at any moment during the act. The absence of consent cannot be refuted by the woman’s silence, verbal or physical non-resistance or past sexual conduct or existing or past relationship with the offender including marital or any other partnership status. Consent shall be given voluntarily as the result of free will and it shall be assessed in the context of the surrounding circumstances;

RemovedArticle 5 a (new): Article 5a / Sexual assault / 1. Member States shall ensure that the following intentional conduct is punishable as a criminal offence: / (a) engaging with a woman in any non-consensual act of a sexual nature, other than acts as referred to in Article 5(1), point (a); / (b) causing a woman to engage with another person in any non-consensual act of a sexual nature, other than acts as referred to in Article 5(1), point (b); / 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 to form free will due to her physical or mental condition, and her incapacity to form free will is exploited, such as being in a state of fear, intimidation, unconsciousness, intoxication, sleep, illness, bodily injury or disability or being in an otherwise particularly vulnerable situation; / 3. Consent can be withdrawn at any moment during the act. The absence of consent cannot be refuted by the woman’s silence, verbal or physical non-resistance or past sexual conduct or existing or past relationship with the offender, including marital or any other partnership status. Consent shall be given voluntarily as the result of free will and it shall be assessed in the context of the surrounding circumstances.

RemovedArticle 6 a (new): Article 6a / Intersex genital mutilation / 1. Member States shall ensure that the following intentional conduct is punishable as a criminal offence: / (a) performing any medically unnecessary surgical or medical procedure or hormonal treatment on the sex characteristics of a healthy woman or child born with variations of sex characteristics, without obtaining prior and informed consent and without the woman or child understanding the procedure or treatment, with the purpose or effect of altering those sex characteristics to align them with sex characteristics considered typically female or male; / (b) coercing a healthy woman or child to undergo a procedure or treatment as referred to in point (a). / 2. Member States shall ensure that the prior and informed consent of a woman or child to undergo a procedure or treatment as referred to in paragraph 1 cannot be substituted by the consent of the woman or child’s legal guardian.

RemovedArticle 6 b (new): Article 6b / Forced sterilisation / 1. Member States shall ensure that the following intentional conduct is punishable as a criminal offence: / (a) performing surgery which has the purpose or effect of terminating a woman or child’s ability to naturally reproduce without obtaining prior and informed consent and without the woman or child understanding the procedure, including as a prerequisite for other medical procedures; / (b) coercing or procuring a woman or a child to undergo the surgery referred to in point (a). / 2. Member States shall ensure that the prior and informed consent of a woman or child to undergo the procedure referred to in paragraph 1, point (a), cannot be substituted by the consent of the woman or child’s legal guardian.

RemovedArticle 6 c (new): Article 6c / Forced marriage / Member States shall ensure that the following intentional conduct is punishable as a criminal offence: / (a) forcing a woman or a child to enter into a marriage; / (b) luring a woman or child to the territory of a country other than the one in which the woman or child resides in order to force that person to enter into a marriage.

RemovedArticle 6 d (new): Article 6d / Sexual harassment in the world of work / Member States shall ensure that intentionally committing sexual harassment in the world of work is punishable as a criminal offence.

RemovedArticle 7 – paragraph 1 – point a: (a) making intimate material of another person without that person’s consent accessible to other end-users by means of information and communication technologies;

RemovedArticle 7 – paragraph 1 – point b: (b) producing or manipulating and subsequently making accessible to other end-users, by means of information and communication technologies, intimate material or other material to make it appear as though another person is engaged in sexual activities, without that person’s consent;

RemovedArticle 7 – paragraph 1 – point c: (c) threatening to engage in the conduct referred to in points (a) or (b);

RemovedArticle 7 – paragraph 1 a (new): For the purposes of this Article, the term 'intimate material' shall be understood as including images, photographs and video recordings of a private or personal nature and of a sexual or nude nature.

RemovedArticle 8 – paragraph 1 – point c: (c) making material containing or revealing the personal data of another person, without that person’s consent, accessible to other end-users, by means of information and communication technologies, for the purpose of inciting others to cause physical, psychological or economic harm to that person.

RemovedArticle 9 – paragraph 1 – point a: (a) initiating an attack directed at another person, by making threatening or abusive material accessible to other end-users, by means of information and communication technologies, with the effect of causing psychological or economic harm to the attacked person.

RemovedArticle 9 – paragraph 1 – point b: (b) participating in attacks as referred to in point (a).

RemovedArticle 9 – paragraph 1 – point b a (new): (ba) the unsolicited sending, by means of information and communication technologies, of an image, video or other material depicting genitals to a person with the effect of causing psychological harm to that person.

RemovedArticle 10 – paragraph 1: Member States shall ensure that the intentional conduct of inciting to violence or hatred directed against a group of persons or a member of such a group defined by reference to sexual orientation, gender expression, gender identity or, sex characteristics, by disseminating to the public material containing such incitement by means of information and communication technologies, is punishable as a criminal offence.

RemovedArticle 11 – paragraph 2: 2. Member States shall ensure that an attempt to commit any of the criminal offences referred to in Articles 5, 5a, 6, 6a, 6b and 6c are punishable as a criminal offence.

RemovedArticle 12 – paragraph 2 a (new): 2a. Member States shall ensure that the criminal offence referred to in Article 5a is punishable by a maximum penalty of at least three years of imprisonment and at least five years of imprisonment if the offence was committed under aggravating circumstances referred to in Article 13;

RemovedArticle 12 – paragraph 2 b (new): 2b. Member States shall ensure that the criminal offences referred to in Article 6d is punishable by a maximum penalty of at least one year of imprisonment.

RemovedArticle 12 – paragraph 3: 3. Member States shall ensure that an offender of the criminal offence referred to in Article 5 mandatorily participates in an intervention programme referred to in Article 38 without delay after conviction;

RemovedArticle 12 – paragraph 4: 4. Member States shall ensure that the criminal offences referred to in Article 6, 6a, 6b and 6c are punishable by a maximum penalty of at least 5 years of imprisonment and at least 7 years of imprisonment if the offence was committed under aggravating circumstances referred to in Article 13.

RemovedArticle 13 – paragraph 1 – point b: (b) the offence was committed against a person made vulnerable by particular circumstances, such as residence status, pregnancy, a situation of dependence or a state of physical, mental, intellectual or sensory disability or distress, being a victim of trafficking or living in institutions, including retirement homes, children’s homes, reception centres, detention facilities or accommodation centres for asylum seekers;

RemovedArticle 13 – paragraph 1 – point f: (f) the offence was preceded or accompanied by extreme levels of violence or particularly inhuman, degrading or humiliating acts;

RemovedArticle 13 – paragraph 1 – point i: (i) the offence resulted in the death or suicide of the victim or severe physical or psychological harm for the victim or dependants;

RemovedArticle 13 – paragraph 1 – point j: (j) the offender has previously been convicted of offences of a similar nature;

RemovedArticle 13 – paragraph 1 – point o a (new): (oa) the offence was committed against a public representative, a journalist or a human rights defender;

RemovedArticle 13 – paragraph 1 – point o b (new): (ob) the offence brought profit or gain or had the intention of bringing profit or gain;

RemovedArticle 13 – paragraph 1 – point o c (new): (oc) the intention of the crime was to preserve or restore the so-called “honour” of a person, a family, a community or another similar group;

RemovedArticle 13 – paragraph 1 – point o d (new): (od) the intention of the crime was to punish victims for their sexual orientation, gender expression, gender identity, sex characteristics, skin colour, religion, social origin or political beliefs.

RemovedArticle 14 – paragraph 2 – introductory part: 2. Member States shall take the necessary measures to establish their jurisdiction over criminal offences referred to in Articles 5 and 6 which have been committed outside its territory in any of the following situations:

RemovedArticle 14 – paragraph 2 a (new): 2a. Member States shall inform the Commission where they decide to establish their jurisdiction over criminal offences as referred to in Article 5a and Articles 6a to 11 which have been committed outside its territory and which have been committed either: / (a) against their nationals or habitual residents in their territory; or / (b) by offenders who are habitual residents in their territory.

RemovedArticle 15 – paragraph 2: 2. Member States shall take the necessary measures to provide for a limitation period for criminal offences referred to in Articles 5 and 6 of at least 20 years from the time when the offence was committed;

RemovedArticle 15 – paragraph 3: 3. Member States shall take the necessary measures to provide for a limitation period for criminal offences referred to in Articles 5a, 6a, 6b and 6c of at least 10 years from the time when the offence was committed;

RemovedArticle 15 – paragraph 4: 4. Member States shall take the necessary measures to provide for a limitation period for criminal offences referred to in Articles 6d, 7 and 9 of at least 5 years after the criminal offence has ceased or the victim has become aware of it.

RemovedArticle 16 – paragraph 1: 1. 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 of violence against women or domestic violence to the competent authorities in an easy, safe and accessible manner, with due regard for their privacy. This shall include the possibility of reporting criminal offences online or through other accessible and secure information and communication technologies, including the possibility to submit evidence, in particular concerning reporting of criminal offences of cyber violence;

RemovedArticle 16 – paragraph 1 a (new): 1a. Member States shall ensure that victims have access to legal aid and assistance, free of charge and in a language they can understand, when reporting criminal offences and during judicial proceedings;

RemovedArticle 16 – paragraph 1 b (new): 1b. Member States shall ensure that the competent authorities take all the necessary measures to ensure that all evidence is secured from the earliest possible moment, including by appropriate technical means.

RemovedArticle 16 – paragraph 1 c (new): 1c. Member States shall ensure that victims are referred to a specialised contact person within the competent authority irrespective of whether a criminal complaint is filed.

RemovedArticle 16 – paragraph 2: 2. Member States shall take the necessary measures to encourage any person who knows about or suspects, in good faith, that offences of violence against women or domestic violence have occurred, or that further acts of violence are to be expected, to report this to the competent authorities without fearing negative consequences.

RemovedArticle 16 – paragraph 3: 3. Member States shall ensure that the confidentiality rules imposed by national law on relevant professionals, such as healthcare and education professionals, do not constitute an obstacle to their reporting to the competent authorities if they have reasonable grounds to believe that there is a serious risk that physical or psychological harm will be inflicted on a person due to their being subject to any of the offences covered under this Directive. If the victim is a child, the relevant professionals shall be able to report to the competent authorities if they have reasonable grounds to believe that an act of violence covered under this Directive has been committed or further acts of violence are to be expected.

RemovedArticle 16 – paragraph 4: 4. Where children report criminal offences of violence against women or domestic violence, Member States shall ensure that the reporting procedures are safe, confidential, designed and accessible in a child-friendly manner and language, in accordance with their age and maturity. Member States shall ensure that professionals trained to work with children assist in reporting procedures to ensure that they are in the best interests of the child. Member States shall ensure that reporting is not conditional upon parental consent and that there is no obligation on the competent authorities to immediately inform a holder of parental responsibility of the reporting.

RemovedArticle 16 – paragraph 5: 5. Member States shall ensure that the competent authorities and other services coming in contact with a victim reporting offences of violence against women or domestic violence are prohibited from transferring personal data pertaining to the residence status of the victim to competent migration authorities ;

RemovedArticle 17 – paragraph 1: 1. Member States shall ensure that persons, units or services investigating and prosecuting violence against women or domestic violence have sufficient, and specialised expertise and effective investigative tools to effectively investigate and prosecute such crimes, especially to gather, analyse and secure electronic evidence in cases of cyber violence.

RemovedArticle 17 – paragraph 2: 2. Member States shall ensure that reported offences of violence against women or domestic violence are processed and transferred without delay to the competent authorities for the purpose of adopting protection measures and for the purposes of investigation and prosecution.

RemovedArticle 17 – paragraph 3: 3. The competent authorities shall promptly and effectively record and investigate allegations of violence against women or domestic violence and ensure that an administrative record is kept in all cases and that evidence is preserved, whether or not the investigation proceeds.

RemovedArticle 17 – paragraph 4: 4. The competent authorities shall promptly refer victims to relevant health care professionals or specialist support services referred to in Articles 27, 28, 29 and 29a to assist in securing evidence, in particular in cases of sexual violence. The competent authorities shall ensure that victims are informed of the importance of collecting evidence at the earliest possible time;

RemovedArticle 17 – paragraph 5: 5. Investigations into or prosecution of offences referred to in Articles 5, 6, and 6c shall not be dependent on reporting or accusation by a victim or by their representative, and criminal proceedings shall continue even if the report or accusation has been withdrawn.

RemovedArticle 18 – paragraph 1: 1. In the framework of the individual assessment which is to be carried out under Article 22 of Directive 2012/29/EU, Member States shall ensure that, as regards victims covered by this Directive, the additional elements as set out in paragraphs 2 to 7 of this Article are assessed (the ‘specialised individual assessment’).

RemovedArticle 18 – paragraph 2: 2. The specialised individual assessment shall be initiated without delay upon the first contact of the victim with the competent authorities and shall be carried out by professionals with expertise in this area. The competent judicial authorities shall verify in a timely manner and at the latest at the initiation of criminal proceedings whether such an assessment has been conducted. If this has not been the case, they shall remedy the situation by undertaking a specialised individual assessment.

RemovedArticle 18 – paragraph 3: 3. The specialised individual assessment shall focus on the risk emanating from the offender or suspect, including the risk of repeated violence, the degree of control exercised by the offender or suspect over the victim and its potential effect on the preservation of evidence, the risk of bodily or psychological harm, the possible use of and access to weapons, the offender or suspect living with the victim, an offender or suspect’s drug or alcohol misuse, child abuse, mental health issues, including the risk of suicide, or behaviour of stalking.

RemovedArticle 18 – paragraph 4: 4. The specialised individual assessment shall take into account the victim’s individual circumstances, including whether they experience discrimination based on a combination of sex, gender and other grounds as referred to in Article 35(1) and therefore face a heightened risk of violence. Circumstances requiring special attention shall include the fact that the victim is pregnant, the victim’s dependence on or relationship to the offender, the risk of the victim returning to the offender or suspect, recent separation from an offender or suspect, the possible risk that children and companion animals are used to exercise control over the victim and the risks for victims with disabilities. Special attention shall also be given to the victim’s own account and assessment of the situation. It shall be conducted in the best interest of the victim, paying special attention to the need to avoid secondary or repeated victimisation.

RemovedArticle 18 – paragraph 5 – introductory part: 5. Member States shall ensure that adequate protection measures are taken on the basis of the specialised individual assessment, such as:

RemovedArticle 18 – paragraph 5 – point b: (b) the granting of emergency barring and restraining or protection orders and the use of arrest and detention pursuant to Article 21 of this Directive;

RemovedArticle 18 – paragraph 6: 6. The specialised individual assessment shall be undertaken in collaboration with all relevant competent authorities depending on the stage of the proceedings and relevant support services, such as victim protection centres, women’s and children´s specialised services, shelters, social services, child protection or welfare services, healthcare professionals, specialist support services for LGBTIQ victims and other relevant stakeholders.

RemovedArticle 18 – paragraph 7: 7. Competent authorities shall update the specialised individual assessment at regular intervals, including during important junctures in the case and where custody or rights of access are altered, to ensure the protection measures relate to the victim’s current situation. The specialised individual assessment shall include an evaluation of whether protection measures, in particular under Article 21, need to be adapted or taken.