CALLS for the Island’s domestic abuse legislation to encompass incidents that occurred before the law came into force are growing – amid concerns that some abusers have “not been held accountable”.
A petition lodged by Melyssa Vieira regarding the Domestic Abuse (Jersey) Law 2022, which has garnered hundreds of signatures, argues that legislation needs to recognise historic offences “to protect our community”.
The legislation came into force in June 2023, making domestic abuse a specific offence in the Island for the first time, with those convicted facing a penalty of up to five years imprisonment and an unlimited fine. Courts can also impose domestic-abuse protection orders, which restrict an offender’s activities to protect another person.
When it was introduced, the legislation was called a “critical step forward in addressing domestic abuse in Jersey” by then Home Affairs Minister Helen Miles.
Outlining her petition, Ms Vieira wrote: “Abusers whose victims have come forward to report incidents which occurred prior to June 2023 have not been held accountable and [have] potentially been allowed to abuse and traumatise further victims.”
Kate Wright, who chaired the Violence Against Women and Girls Taskforce and is the chief executive of Freeda – formerly Jersey Women’s Refuge – said: “While I understand that amending the legislation to encompass historic cases will pose some challenges in terms of gathering evidence and legal and police resources, for example, I think the pros of doing so outweigh the cons, especially in terms of justice for victims and enabling essential cultural shifts.”
She continued: “Expanding legislation to include historic cases allows survivors who were unable to come forward at the time of the abuse to seek justice.
“Many victims may have been intimidated, silenced, or lacked the support to report their experiences when the abuse occurred.
“Allowing survivors of past abuse to seek legal redress can also be an important step in their healing process, as it may give them a sense of being believed and acknowledgment that their suffering matters.”
She also noted that expanding the law might empower more survivors of domestic abuse to come forward.
“Enacting laws that encompass historical cases may contribute to broader cultural changes, helping to challenge long-standing societal norms that allowed abuse to go unchallenged,” she added.
Home Affairs Minister Mary Le Hegarat said: “I am aware of the petition to recognise historic abuse under the Domestic Abuse Law 2022 and will respond directly to the proposer through the appropriate channels should it reach 1,000 signatures.”
A 34-year-old man was recently jailed by the Royal Court after imprisoning a woman inside her own home for a day. He bent and broke her thumb, pinned her against a door and brandished a shard of glass, telling her he would “slash” her neck. Ricardo Figueira (34) also changed his WhatsApp profile photo to an indecent picture of the victim.
He was sentenced to three years in prison for three charges of grave and criminal assault, one of false imprisonment and misuse of a mobile phone.
Summarising the facts of the case, the prosecution also referenced a number of incidents that occurred before the Domestic Abuse (Jersey) Law 2022 came into force, highlighting that – though they did not form part of the offending – consideration “would have been had for this to be charged as a charge of domestic abuse”.
The law
– The Domestic Abuse (Jersey) Law 2022 provides a definition of abusive behaviour which occurs when someone commits an offence which involves physical or sexual abuse, violence, threats, harassment or neglect. Coercive or controlling behaviour is also defined as domestic abuse.
– It is an offence where both parties are personally connected, they are aged 16 or over and on more than one occasion one person is abusive to another.
