Deputies want to delay part of new sex offences law

Wednesday 09 February 2022

A Deputy who yesterday submitted an amendment to delay the introduction of part of a new law against sex offences has admitted he was previously unaware that it is currently Sexual Abuse and Sexual Violence Awareness Week.

Deputy Carl Meerveld told Express that the awareness week had been brought to his attention only “in the last four of five days” when concerns were raised that he may face additional criticism for the timing of his amendment.

“I was told about the awareness week sometime last week. There is an awareness week for something every week," said Deputy Meerveld.

"I have taken part in awareness events in the past. I wore a purple tie for something once. Whether I would do anything to promote Sexual Abuse and Sexual Violence Awareness Week next year would depend on my workload at the time.”

If approved, the amendment put forward by Deputy Meerveld and seconded by Deputy John Dyke would indefinitely delay one part of the changes proposed to the Sexual Offences Ordinance.

That part would see the burden of proof in cases of alleged sexual offences shift from the alleged victim to the alleged perpetrator in cases where the victim was in an unfit state to give consent - for example, being under the influence of drugs or alcohol. 

Pictured: The States will debate changes to sex offences legislation next week. 

Deputy Meerveld said he is concerned this could result in false allegations and that it would be difficult for the alleged perpetrator to present evidence in their defence. 

Deputy Meerveld said he is in support of most of the proposed changes to the law, but that one part needs more consideration. 

“I am 100% supportive of the vast majority of the proposed updates to the Sexual Offences Ordinance," he said. "Of the 100 page document, there is only one paragraph which I think needs more consideration.

“That one paragraph would overturn the golden thread of the justice system that you are innocent until proven guilty. We must be careful not to swing the pendulum too far and overturn the basic principle of our legal system.”

In 2020, Deputy Gavin St. Pier proposed the new part of the law which Deputy Meerveld is now trying to delay. At that time, it was approved by the States by 32 votes to five.

Pictured: Deputy Gavin St. Pier

Deputy St Pier said that he is deeply disappointed that the amendment has been lodged and called the timing “crass”. 

“If a Deputy has taken a particular interest in an issue, there is a reasonable expectation for that Deputy to at least be aware of awareness weeks relating to that issue”, said Deputy St. Pier.

“Deputy Meerveld has shown a fundamental lack of understanding of the new provision. It does not change the presumption of innocence. His amendment has been based on a false premise.”

But Deputy Meerveld said: “I have friends who are rational, normal people who turn to irrational behaviour and make horrendous accusations in the throws of emotion.

“I abstained from voting on this issue in 2020 because I was torn between the incredibly emotive argument made by Deputy St. Pier and the legal principles presented [in opposition] by Deputy Peter Ferbrache. This provision presents a moral and legal hazard.”

Deputy St. Pier said the proposal was debated at length prior to the vote which saw it approved.

“The new provision was never intended to be a silver bullet in dealing with the major problem that is sexual violence, but it is really important,” said Deputy St. Pier.

“It does away with victim blaming when a victim is drunk by making it clear that it really doesn’t matter how the victim got into that state. At that point, the defendant must prove that the victim did consent or it was reasonable to believe they had.

"The idea that this will open the floodgates to false accusations is laughable.”

Deputy Lindsay De Sausmarez has also criticised the amendment submitted by Deputy Meerveld

Important ????on the attempted derailing of part of our new sexual offences legislation.???? https://t.co/p5FW15D1PE

— Lindsay de Sausmarez (@Lindsay_Gsy) February 9, 2022

The complex issue of consent in cases of sexual offences is not limited to Guernsey.

In January 2021, an app was launched in Denmark aiming to tackle the issue. iConsent allows users to send a request for consent via their phone to a potential partner who can either accept or reject the request.

“You could go to those lengths in Guernsey and introduce a similar approach, but it would need more consideration,’ said Deputy Meerveld.

“I watched an episode of a  show called ‘Upload’ which sees people give consent via an app. They then meet and each ask if the other has protection and the protection is a body-worn camera which films them both saying they consent.

“Even in cases where there is written consent, for example a message inviting someone to come over, it would not be difficult for a person to say that they were intoxicated when they sent the message and could claim they were unfit to give consent.

"I am extremely concerned that there is a danger with the new law that false accusations will be made. I want assurances that innocent people will be protected."

The draft changes to the law and Deputy Meerveld's amendment will be debated by the States at their next meeting on 16 February.

Pictured (top): Deputy Carl Meerveld, left, and Deputy John Dyke.