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New offences could be recognised if domestic abuse legislation is introduced in Guernsey - meaning threats of 'revenge porn' and actions which could cause the death of someone else would become criminal actions locally.
The Committee for Home Affairs says there is currently "little statutory recognition" of the range of behaviours which come under domestic abuse.
They want to change that by introducing new laws which would cover the entire Bailiwick - including Sark.
HA said strengthening the laws at its disposal would "offer greater protection for victims and an effective response to perpetrators with the creation of new offences and protective measures".
Above: Home Affairs said the law needs updating and it's published details over how it wants to do that.
Deputy Rob Prow, the Home Affairs President said the current laws don't protect victims or prevent repeat offences.
"Our Committee is focused on doing everything we can to make sure Guernsey is a safe place to live and work," he said.
"While that strategic priority is thankfully achieved for most islanders, 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."
Guernsey's new laws will see behaviours criminalised which currently don't fall under existing laws.
In researching the topic, HA looked at examples in the UK and Jersey. Guernsey's new laws have been based on legislation in Scotland - considered to offer a 'best practice' model that we can follow.
Above: Guernsey's new domestic abuse legislation will closely follow Scotland's.
Deputy Sue Aldwell is the Domestic Abuse Lead for Home Affairs. She said she's delighted this "important issue" is being addressed.
"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. I want to thank the Law Officers for their work in developing these proposals. This is just the start of positive change in this area and with the support of the Committee I will continue to champion change that will support one of the most vulnerable groups in our community."
Domestic Abuse Protection Notices and Orders could be introduced under the proposed new legislation.
They would give Guernsey Police and the courts new powers to "provide protection measures to a victim of domestic abuse regardless of whether the alleged abuser has been arrested".
Above: New powers would be given to police and the courts to prevent offences from occurring.
They would work by imposing conditions on the perpetrator such as banning them from returning to the victim's home, or having contact with the victim.
The perpetrator may also be required to attend a programme to address behaviours (such as an alcohol or substance misuse) or be electronically monitored.
A DAPN or DAPO could be imposed by a civil court as well as a criminal court.
A restraining order could also be imposed without a criminal conviction under the proposed new legislation.
HA is suggesting that Guernsey follows other places in criminalising behaviours which may cause the death of an individual or cause them serious harm.
This would protect children and vulnerable people of all ages in particular and enable the police to take action to prevent harmful behaviours from continuing.
This law would cover the death of, or serious harm caused to, an individual which was "the result of an unlawful act of a person who was a member of the same household as (the victim) and who had frequent contact with (the victim)".
It would mean that if the death or serious harm was caused by an individual who "was, or ought to have been, aware of that risk and failed to take such steps as they could reasonably have been expected to take to protect (the victim) from that risk" then they would be guilty of an offence under the new domestic abuse legislation,
Sharing intimate photos of another person is already an offence under existing laws, but the new domestic abuse legislation proposes outlawing threats to do so as well.
HA felt this was a gap which should be closed.
Pictured: Reality television star Georgia Harrison. Miss Harrison was a victim of her ex-partner who shared intimate material of her without her knowledge. She has since become a campaigner against revenge porn.
"The threat of distributing such material is often used within the context of intimate partner domestic abuse in order to threaten or coerce a victim," the committee said.
It is proposed that the Sexual Offences (Bailiwick of Guernsey) Law, 2020 is expanded to include threats to distribute or share such material to close that gap.
Guernsey and Alderney's existing laws over child cruelty differ, so HA is suggesting they be replaced with a new Bailiwick-wide one.
Guernsey's law dates back to 1917, while Alderney's is from 1953.
Guernsey's law limits offences to "where individuals with parental responsibility 'assault, ill- treat, neglect, abandon or expose' a child in such a way as would cause 'unnecessary suffering or injury to his health'." Alderney's law is not limited to scenarios where the accused has parental responsibility.
Pictured: The new laws will offer further protection for children at risk of domestic abuse.
A new Bailiwick-wide child cruelty offence would mean "the proposed crime of domestic abuse would cover abuse towards a defendant's partner or ex- partner, rather than abuse aimed at a defendant's child". HA said that is because abusive behaviour towards children will instead be captured by the child cruelty offence.
Anyone over the age of 16, who has responsibility for a child, will face a criminal conviction for child cruelty if they are found to have harmed or neglected a child under the proposed new law.
HA says changing the laws regarding children will also ensure that all family members are protected, not just the direct victim if they are a different person.
Sark has very little legal protection for victims of domestic abuse or child cruelty.
The proposed new domestic abuse legislation would cover Sark as well as Guernsey and Alderney with domestic violence victims offered the same protections across the entire Bailiwick.
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