CONTROLLING and coercive behaviour is now a criminal offence under Jersey’s Domestic Abuse Law, which came into force yesterday.
After the law was rubber-stamped in the States Assembly last week, judges also now have the power to impose domestic-abuse protection orders, which restrict an offender’s activities to protect another person.
The new legislation classes domestic abuse as a specific offence in which both parties are personally connected, they are aged 16 or over and on more than one occasion one person is abusive to another.
It is punishable by up to five years’ imprisonment and an unlimited fine.
Courts can also treat the involvement of a child as an aggravating factor in sentencing.
Controlling and coercive behaviour is when someone is made dependent or subordinate to another, or is isolated, controlled, regulated or restricted.
The new legislation also covers acts committed outside of Jersey if the offender is usually resident in the Island.
Home Affairs Minister Helen Miles previously said the legislation – which first received backing from States Members in April 2022 – was a ‘critical step forward in addressing domestic abuse in Jersey’.
Lisa Leventhal, chief executive of Jersey Women’s Refuge, expressed concern that guidance had not been issued to the Law Officers’ Department to ensure the legislation was effectively implemented, particularly in relation to the evidential threshold required for prosecution.
However, she noted that it would be a ‘great comfort’ to women who were in controlling or abusive relationships to know that ‘that behaviour is criminal’.
The Violence Against Women and Girls Taskforce, established in October 2022, is due to present its findings later this year. That information is expected to identify additional legislative reforms and required methods of protection.
Anyone seeking support can call the Jersey Women’s Refuge helpline on 0800 735 6836.
They can also email hello@jerseywomensrefuge.org.
