Guernsey (United Kingdoms) introduces a new and updated law on sexual violence. What has changed?

INTRODUCTION 

Guernsey is one of the Channel Islands in the English Channel near the French coast located 27 miles (43 km) west of the Cotentin Peninsula, Normandy. It is the largest island in the Bailiwick of Guernsey, and is a self-governing British Crown dependency. 

Guernsey is administered as part of the Bailiwick of Guernsey, a self-governing dependency of the British Crown. The island is thus not part of the United Kingdom, although the UK government has certain responsibilities for the Bailiwick. The British monarch is the head of state and the head of government is the President of the Policy and Resources Committee.

CONTEXT 

Guernsey has recently undertaken significant reforms to its sexual violence and domestic abuse laws, aligning them with contemporary standards and addressing previously unrecognized forms of abuse.

The States passed the proposals on 10th April aiming to strengthen victim protection and improve the handling of offenders, while also aligning the island with a UN Convention, something that was agreed upon back in 2020. 

The changes will pave the way for other criminal offences to be defined by local laws, along with new, stronger measures to protect victims, changes to court procedures to support vulnerable witnesses, the removal of the ‘reasonable chastisement’ defence when it comes to smacking children, and the future introduction of a domestic abuse offender register. 

EXISTING LAWS 

The Sexual Offences (Bailiwick of Guernsey) Law, 2020 implemented in 2020, law modernized Guernsey’s approach to sexual offences by:

• Redefining Consent: Courts can now determine that a victim did not consent if they were “overpowered, stupefied or otherwise incapable,” including due to voluntary intoxication from alcohol or drugs. This provision shifts the focus onto the accused to demonstrate that consent was present in such circumstances.
• Introducing New Offences: The law criminalizes acts such as grooming, abuse of a position of trust, possession of paedophile materials, extreme and revenge pornography, voyeurism, and upskirting. In October 2024, the States Assembly unanimously approved a comprehensive Domestic Abuse Law, introducing:
• Specific Offence of Domestic Abuse: Recognizes a broad range of abusive behaviours between individuals who are “personally connected,” encompassing both physical and psychological harm.
• Child Cruelty: Expands the definition to include non-physical forms of cruelty by individuals responsible for a child.
• Causing or Allowing Death or Serious Harm: Introduces an offence for individuals who cause or permit serious harm or death within a household.
• Threatening to Disclose Private Sexual Images: Criminalizes threats to share intimate images without consent.
• Protective Measures: Implements Domestic Abuse Protection Notices and Orders (DAPNs and DAPOs) to provide immediate and long-term safeguards for victims, with breaches constituting criminal offences. 

THE NEW OFFENCES

The definition of stalking has been changed under the domestic abuse legislation.  A pattern of undesirable behaviour that alarms or distresses someone will be covered by the new law.  During the debate, it was agreed that there might be varying degrees of offense, with more serious situations (pertaining to fear of violence) possibly having a larger maximum punishment. 

Once the bill is approved, civil orders—which limit a person’s movement or capacity to contact another person—may be issued. This means that Guernsey Police may ask the courts for additional protections for victims even if a criminal case hasn’t started yet.  It would probably be illegal to violate such an order as a whole itself.

The updated legislation will also crack down on non-fatal strangulation or suffocation with a distinct criminal offence introduced for cases of intentionally strangling or suffocating someone in a domestic abuse context. 
A specific law will criminalise Female Genital Mutilation, making it unequivocally illegal in Guernsey. Any victim of FGM locally would already have had some protection under other laws involving violence against a person, but it is now defined in law. New legislation has also been agreed to make certain forms of sexual harassment that occur in public areas a criminal offence.

Deputies have also agreed on a statutory reviews of domestic abuse deaths.That change would likely mandate formal reviews when someone dies in circumstances related to domestic abuse. The State also approved enhanced court powers to protect victims, with the island’s courts expected to get stronger powers to prevent contact between defendants and alleged victims.

Another significant change is expected to prevent an accused person from personally cross-examining their alleged victim in court, to protect the victim from further distress and intimidation. While not an immediate change, the proposals also include enabling legislation for a future register of individuals convicted of certain domestic abuse offences.

The States also agreed to abolish ”Reasonable Chastisement’ – which is a customary law defence that currently allows parents or carers to use “reasonable” physical force when disciplining a child. Scrapping that law will mean that future physical assaults on a child will be subject to the same laws as assaults on adults. The change will align Guernsey with the UN Convention on the Rights of the Child, which the island adopted in 2020.

CONCLUSION 

The Committee for Home Affairs is exploring additional measures. Plans are underway to establish a Sexual Assault Referral Centre (SARC) in Guernsey, providing a dedicated facility where victims can access medical care, counseling, and support in a safe environment. 

Moreover, these legislative and support service reforms reflect Guernsey’s commitment to creating a legal framework that not only addresses the complexities of sexual violence and domestic abuse but also ensures that victims receive the protection and justice they deserve.