A NEW specific crime of ‘domestic abuse’ with a punishment of up to five years in prison will be introduced to help crack down on ‘coercive and controlling’ behaviour, if new proposals are passed by the States.
Home Affairs Minister Gregory Guida has lodged draft laws to introduce a new framework to tackle household violence and bullying, which, if approved, would also enable the courts to issue new ‘domestic abuse protection orders’ to safeguard victims.
The new law would also introduce requirements for offenders to notify the police of changes of address or name.
The report accompanying his proposition says that around 15% of reported crime in Jersey relates to domestic abuse, with 159 cases raised last year.
‘Despite Jersey being a historically safe and low-crime jurisdiction, it is not free from the harms caused by domestic abuse and coercive and controlling behaviour.
‘The hidden nature of domestic abuse, together with its insidious impacts on physical and mental health, as well as social engagement, makes it very difficult to quantify its economic and social costs,’ he said.
In his proposition, the minister added that current laws are not fit-for-purpose to broadly address the issue of domestic abuse, in particular ‘coercive and controlling’ behaviour.
‘While the existing framework of statutory and customary law in Jersey that can deal with some of the behaviours associated with domestic abuse (assaults, criminal damage, sexual assaults etc) current legislation cannot recognise coercive and controlling behaviour and the patterns of behaviour that constitute domestic abuse.
‘By only identifying specific offences, such as an assault, the current law only identifies “snapshots” of a victim’s experience, and although the courts are robust in addressing offences which they feel have taken place in the context of an abusive relationship, there is no way of engaging with the wider pattern of coercion and control that characterises many abusive relationships.’
‘This draft law will ensure that domestic abuse is defined as a specific offence and will recognise those patterns of behaviour,’ he said.
The new laws would enable the Royal Court and Magistrate’s Court to apply domestic abuse protection orders when they feel there is a ‘risk of further abusive behaviour’ against a victim.
Deputy Guida added: ‘Before a DAPO is issued, the court must consider various factors including the wellbeing of any children involved, the wishes of any co-habiting family members and the wishes of the victim and perpetrator.
‘The DAPO will act to constrain the behaviour of the perpetrator, and might provide that they cannot contact or approach the victim, or cannot be near the victim’s home.
‘Where the parties still live together, it can be used to ensure that the victim retains freedom of movement and association.
‘The DAPO can also act to underpin perpetrator programmes, by placing additional legal force on court-ordered requirements to attend counselling or education such as the Jersey Domestic Abuse Programme.’
The proposition is due to be debated on 25 April.
