NON-FATAL strangulation could become a standalone offence before the end of 2025, the Minister for Justice and Home Affairs has pledged. Deputy Mary Le Hegarat confirmed that she has directed officers to work on the law-drafting instructions for the development of this offence, and that “work is under way”.
This comes after a restaurateur was last week convicted of a list of violent offences against two women following a nine-day trial earlier this year.
At his sentencing hearing on Friday, Gavin Roberts (45) was described as a repeat offender who regularly got drunk and grabbed women around the neck.
One of the survivors of his abuse, Suzannah Mahe (29), had said she wanted to see a law comparable to the one in England and Wales to be introduced in Jersey.
She said she was “so happy” that the law would come into place “before it is too late and Jersey has a death as a result of non-fatal strangulation” – but asked for more education and emergency medical measures to be put in place.
She said: “In my own case, I did not realise the danger until I met and was educated by [forensic medical examiner] Dr Deryn Evans, who informed me I am as risk of having a stroke up to one year later.
“As a result of this and my GP arranged a CT scan. This should be done at the very beginning when this is reported. I spoke out about my symptoms and was left on long waiting lists, and even to this day little is known about non-fatal strangulation.”
She added that she hoped more could be learnt about the effects of non-fatal strangulation.
She said: “This is not just an on-the-spot crime but something that is life-changing for a victim. More understanding for hospital, police and government employees is a must, so they can be aware of the signs and help reduce stress and anxiety for survivors so they do not feel alone or in my case ‘against the system’.”
She added: “I am in support of any change that benefits and protects victims and survivors. Past, present or future.”
The Home Affairs Minister confirmed that new legislation to introduce a standalone offence for non-fatal strangulation would be lodged with the Council of Ministers by December 2025 at the latest.
In a statement, Deputy Hegarat said: “It is important to note that while the act of non-fatal strangulation is not yet a standalone offence in Jersey, it can be, and is already, prosecuted locally under the customary offences of grave and criminal assault or common assault.
“I recognise that the act of non-fatal strangulation is extremely serious and can cause severe and long-lasting impacts for victims, including a significantly heightened risk of stroke.
“In the context of domestic abuse, the act of non-fatal strangulation is one of the strongest high-risk markers on the domestic homicide timeline, increasing the risk of homicide by eight times.
“This is because perpetrators who use strangulation are more dangerous.”
She continued: “Following on from my acceptance of the [Violence Against Women and Girls Taskforce’s] recommendation to introduce a standalone offence of non-fatal strangulation, I have directed officers to work on the law-drafting instructions for the development of such an offence and this work is under way.
“The process of developing new legislation is complex and takes time as it is important to ensure that the relevant parties are adequately consulted and that the legislation we introduce serves its intended function.”
Deputy Le Hegarat added that, in addition to developing the law around non-fatal strangulation, officers are also working to support the development of a self-referral pathway for victims of non-fatal strangulation, and introduce training on recognising and responding to victims of non-fatal strangulation for health practitioners, police, and safeguarding leads within schools.
