MINISTERS have ruled out creating a specific offence for making false allegations of rape after an online petition calling for the move garnered more than 1,000 signatures.
In a response to the petition, which argues that the penalty should be the same as for the crime itself, ministers pointed out that false allegations of rape are extremely rare, with data suggesting that the false reporting rate for sexual offences between 2018-2024 in Jersey was 1.4%.
Meanwhile, research from the UK Home Office has shown that just 3% of rape allegations could be false.
“There is a common misconception that false allegations of rape are commonplace, when in fact false allegations of rape are extremely rare,” ministers say in their response.
“Discussions that focus on the issue of false rape allegations can divert attention away from the important conversations that need to be had around preventing sexual violence and supporting victim-survivors of sexual offences,” the response continues.
Ministers also argue that victims and survivors of sexual violence already face significant barriers to reporting abuse, either due to shame about what has happened or the fear that they will not be taken seriously.
“Some of the barriers to making a report are compounded by the fact we live in a small jurisdiction, where concerns around anonymity and privacy are exacerbated.
“We want to be clear that all reports of rape and other forms of sexual violence are and will be taken extremely seriously and victim-survivors will be believed.
“It should be noted that, in cases where a defendant has been accused of committing a rape, this crime is subject to the highest level of evidential burden.
“What this means is that the prosecution must prove beyond any reasonable doubt that the defendant had committed this crime.”
Questions were raised in the States last year about the low rate of convictions for rape in the Island after it emerged that between 2021 and 2022 nobody was convicted. It also emerged that while 113 allegations were made during those years, only five cases went to court. One was discontinued and a further four resulted in not-guilty verdicts.
In their response, ministers stressed that just because an allegation of rape was not taken to court did not mean that the allegation was false, just that the police could not amass enough evidence to secure a conviction.
“There are cases where a victim might report a rape, the police investigate the crime and are not able to gather enough evidence to charge a suspect,” the ministerial response said.
“This does not mean that the person that reported the rape has falsely made a malicious claim against the alleged perpetrator. What it means is that there is simply not enough evidence in the case for there to be a reasonable chance of a conviction.”
