Select a region
The head of a domestic abuse support service has questioned why two deputies have left it until "pretty much the last minute" to propose indefinitely delaying a change to sexual offences legislation.
An amendment put forward by Deputies Carl Meerveld and John Dyke asks the States not to provide the final approval necessary for a change to the law which 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.
The States are expected to start debate on the amendment when they meet at the Royal Court today.
Naomi Wood, Head of Service at Safer, said that approving the amendment would delay an important step in moving away from victim blaming in cases of domestic abuse, including sexual assault.
“It is hard to understand the timing [of the amendment] when this was debated in 2020 and has since been through Ministry of Justice approval and had Royal assent and was due to come into effect very shortly,” said Ms Wood.
“It seems that, if there were any concerns or objections, there should have been plenty of time to raise these rather than wait until what seemed pretty much the last minute to seek a delay in what is a much-needed update to our legislation in this area.
"I have also been saddened to read some of the insensitive comments on the subject. For anyone who has suffered this type of abuse, these comments appear to undermine their experience and reinforce a narrative of victim blame.”
Pictured: Deputy Carl Meerveld (left) and Deputy John Dyke will present their amendment to the States today.
Deputies Meerveld and Dyke submitted their amendment to delay part of the new legislation last week after raising concerns about the consequences of shifting the legal burden of proof from accusers to defendants.
But Advocate and former Deputy Chris Green last week told Express that the new legislation would shift the evidentiary burden of proof, not the legal burden of proof.
Ms Wood said: “We need to be clear on the understanding that this [the new provision] does not replace a trial or mean that an alleged perpetrator is guilty until proven innocent."
Deputy Meerveld said he is in agreement with all of the new sexual offences legislation except the one part he is trying to delay. If his amendment fails and the new law is approved as drafted, defendants will be asked to provide any evidence that they had consent from their accuser in cases of sexual abuse. Deputy Meerveld wants this aspect of the new legislation to have further consultation.
Pictured: New sexual offences legislation would see defendants asked if they can provide evidence of consent to sexual activity from their accuser.
Ms Wood said the new legislation as drafted would highlight the issues around consent.
“It is a change that is important when thinking about cultural change and moving away from victim blaming," she said.
"This will hopefully, over time, support the clear message around consent - that, if someone is unfit through alcohol or another substance, they are never able to give true consent to any sexual activity."
Ms Wood explained that low conviction rates are just one barrier that makes it difficult for victims to report sexual abuse.
“There are barriers in place that make reporting any crime difficult. However, domestic abuse and sexual crimes can be some of the hardest to report due to the complex and sensitive nature of these crimes,” she said.
Pictured: Naomi Wood, Head of Service at Safer, said there are a number of barriers to victims reporting abuse.
SUPPORT
If you have experienced domestic abuse, sexual abuse or sexual harassment, you can contact the following agencies:
Police - call (01481) 222 222 or dial 999 in an emergency;
Crimestoppers - anonymously call 0800 555 111 or complete an online form HERE;
Safer - call (01481) 721999.
Deputies want to delay part of new sex offences law
"Alleged statistics not meaningful" to States' sex law debate
"Misunderstanding" at heart of sexual offences amendment debate
Guernsey on global sex assault site
Comments
Comments on this story express the views of the commentator only, not Bailiwick Publishing. We are unable to guarantee the accuracy of any of those comments.