Making obscene comments could attract prison sentences

Tuesday 16 August 2022

Home Affairs is monitoring a consultation being launched by the UK Home Office, which could see offences, such as following a person or making obscene comments, attract prison sentences.

The President of the Committee for Home Affairs, Deputy Rob Prow, said that the Committee “always monitors developments in other jurisdictions and evaluation their appropriateness and effectiveness, for adoption locally and how that could be reasonably achieved”.

National media organisations have reported that the UK proposals have been made following a call for consequences for perpetrators of public sexual harassment offences, sparked by the murder of Sarah Everard by a serving MET police officer. 

The Office for National Statistics published statistics in May this year which showed that one in two women and one in six men felt unsafe walking alone after dark in quiet streets near their home. 

Pictured: Office for National Statistics 'Opinions and Lifestyle Survey' statistics relating to perceptions of safety and experiences of harassment conducted between 16 February and 13 March 2022. 

The proposals for consultation stipulate two options. The draft offences are not sex-specific and could be used to protect both men and women. The first option would add to existing legislation that perpetrators of intentional harassment, alarm or distress on the basis of a person’s sex will receive a higher sentence that if the offence was not motivated by a person’s sex. 

Pictured: Committee for Home Affairs President, Deputy Rob Prow, said the Committee was prioritising the Domestic Abuse & Sexual Violence Strategy.

The second option takes the first as a starting point, but adds a list of types of threatening, abusive, insulting or disorderly behaviour which might be carried out because of a person’s sex.

The list includes following a person home, making obscene or aggressive comments or gestures towards a person, obstructing a person making a journey and driving or riding a vehicle slowly near a person making a journey. 

On whether Guernsey may seek to introduce similar legislation, Deputy Prow said the Committee “fully acknowledged the seriousness of these issues”. 

“The Committee, as a priority, already has a number of workstreams ongoing within the Domestic Abuse & Sexual Violence Strategy (DA&SVS) which are looking to generate additional support for victims,” he said. 

Pictured: 82% of women and 42% of men said they felt unsafe walking alone after dark in a park or other open space. 

Deputy Prow continued: “A policy letter is due to be presented to the States at its next meeting and is seeking the Assembly’s support, through the Government Work Plan on a whole range of initiatives.

"This is an ongoing piece of work which recognises there are many challenges to be overcome within the ambit of the DA&SV and we always monitor developments in other jurisdictions and evaluate their appropriateness and effectiveness, for adoption locally and how that could be reasonably achieved."

Pictured: 45% of women and 18% of men said they felt unsafe walking alone after dark in a busy place. 

“It is important to note, however, that legislation alone is not always the complete answer. For this reason, the Committee also has the long-term goal of instigating an educational and cultural change to put a complete stop to these appalling behaviours," concluded Deputy Prow. 

More information about the UK Home Office consultation is available HERE.