Guernsey's Domestic Abuse Law Could Be Updated

Non-physical forms of domestic abuse could be criminalised in Guernsey, if the Home Affairs policy letter is approved by the States.

Home Affairs want to update the language used in existing legislation and introduce new offences and protective civil orders.

The committee says these changes would bring Guernsey's law in line with other jurisdictions, and provide better protection to victims of emotional, economic, and psychological abuse, coercive or controlling behaviour and physical abuse.

Similar provisions have recently been approved in Jersey.

The policy letter shows that although reports of domestic abuse have been steadily increasing since 2015, the majority are not currently classed as crimes. In 2021, 377 or 56% of reports were not covered by current law.

The committee says these incidents were still distressing for the victims and children affected, and this percentage shows new measures are needed 'to fill some of the gaps in local legislation' and protect more of these individuals.

Threatening to distribute private sexual photographs or films would also become an offence as a part of the new legalisation. Currently, the law can only get involved when the content is actually shared without consent.

Home Affairs is also seeking to make domestic violence a criminal offence in Sark.

Committee President Deputy Rob Prow says Guernsey should be a safe place to live and work:

"Victims of domestic abuse can live in constant fear and need better legal protections.

We need to ensure our criminal justice system has the tools to combat all types of domestic abuse.

Historically domestic abuse was looked at through the prism of violence, and as abhorrent as domestic violence is it has been recognised that domestic abuse can take many forms, such as coercion, control, intimidation, and they can result in significant harm to victims.

We need legislation that matches our improved understanding of the impact of domestic abuse and our Committee hopes the States agrees."

Domestic Abuse Lead Deputy Sue Aldwel says change is essential:

"These changes will make a real difference to the lives of so many and are long overdue.

We have had legislation that can deal with violence but this will be the first time our criminal justice system has the ability to properly address domestic abuse in the round, with all types of abuse covered and including the hugely important preventative measures that these changes will introduce."