Case Explained:This article breaks down the legal background, charges, and implications of Case Explained: EXPLAINED: Five new laws aim to “strengthen” criminal justice system – Legal Perspective
A package of five new laws has been lodged in a bid to “strengthen the ability of the criminal justice system to address crimes associated with violence against women and girls”.
The proposed legislation, lodged yesterday by the Home Affairs Minister, will criminalise cyber-flashing, revenge porn, deepfake sexual images, stalking, strangulation and threats of sexual violence.
The five draft laws are rooted in the findings of the Violence Against Women and Girls Taskforce, whose 2023 report exposed widespread abuse in the island and deep public scepticism about whether institutions take it seriously.
Express took a look at what is included…
Cyber-flashing, deepfakes and “revenge porn”
The Draft Sexual Offences (Jersey) Amendment Law introduces a suite of new offences targeting intimate-image abuse, including the non-consensual taking or sharing of sexual images, threats to share such material, cyber-flashing and the creation of sexually explicit deepfake images.
The report accompanying the law acknowledges that Jersey has fallen behind other jurisdictions, warning that “significant gaps in the legislative tools available to hold perpetrators to account” have emerged.
The law also strengthens voyeurism offences by removing the need to prove sexual motivation, focusing instead on whether consent was absent.
Ministers say this resolves evidential hurdles that have allowed offenders to evade prosecution.
Harassment and stalking
The Draft Harassment and Stalking (Jersey) Law formally introduces stalking as a standalone offence for the first time, replacing the existing catch-all harassment law.
“The evidential test for the offence of harassment has proven to be particularly high, meaning that stalking behaviours often do not satisfy the elements of the offence,” the report said.
“As a result, a number of professionals across the criminal justice system in Jersey have been calling for the introduction of a specific offence of stalking for some time.”
Between 2016 and 2021, 192 reports of stalking in Jersey led to just two convictions.
Victims told researchers they felt “powerless” and that the police were “unable to do anything to combat the abuse they were experiencing”.
The new law creates four offences – harassment, aggravated harassment, stalking and aggravated stalking – and explicitly covers cyberstalking, including misuse of smart technology.
Stalking is defined as behaviour involving surveillance, intrusion or interference in a person’s life, recognising the cumulative harm caused by persistent obsession.
Emergency protection from domestic abuse
The Draft Domestic Abuse (Jersey) Amendment Law reintroduces emergency barring powers, allowing police to remove suspected abusers from a home and prohibit contact with victims before any conviction.
The report states that “crucial opportunities for early police intervention to protect victims and prevent domestic abuse situations from escalating are being missed” under the current system.
The report said: “The absence of emergency barring orders for suspected domestic abuse
perpetrators represents a significant gap in our current legislation. This is leaving victims of domestic abuse without protection in cases of immediate danger.
“Emergency barring orders provide a form of protection for victims following domestic abuse incidents that is more immediate than existing remedies. Without them, the threshold at which protections are afforded to victims is too high.”
Non-fatal strangulation
The Draft Crime (Strangulation) (Jersey) Law introduces a standalone offence to reflect the severity of strangulation, which has previously been prosecuted under general assault laws.
The report states that strangulation “may be the second most common cause of stroke in women under 40”, while “50% of victims will have no visible external injury”.
It explained: “In the context of domestic abuse, the use of strangulation signifies a highly dangerous level of physical violence and control within an abusive relationship.
“Victims who experienced strangulation are at a heightened risk of subsequent lethal violence – in particular, prior experience of strangulation has been found to be associated with a sevenfold increased in the likelihood of becoming a victim of homicide.”
If approved, the new law would apply regardless of whether the act occurs in a domestic setting.
Criminalising threats of sexual harm
The final piece of legislation, the Draft Crime (Public Order) (Jersey) Amendment Law, expands the offence of making threats to include threats of serious sexual violence beyond rape, threats against children, and threats of female genital mutilation.
The report highlights a mismatch between international definitions of violence against women and Jersey law, which previously failed to criminalise some sexual threats unless serious physical injury was involved.
Home Affairs Minister Mary Le Hegarat said: “I am delighted to announce the lodging of five new laws designed to strengthen the ability of the criminal justice system to address crimes associated with violence against women and girls.”
“Meaningful protection for victims”
She added: “This package of legislation provides a robust framework from which we will be able to hold perpetrators of intimate image abuse, stalking, strangulation and threats of sexual violence to account and creates meaningful protection for victims of these crimes.
“It also introduces new landmark protections for victims of stalking and domestic abuse, so that we can put strong safeguards in place before a conviction has been secured.
“Together, these laws allow for earlier intervention so that the criminal justice system can intervene and prevent further violence before the behaviour of dangerous perpetrators can escalate.
“These new laws also support the Government of Jersey’s commitment to implement the recommendations of the VAWG Taskforce, representing the completion of five further recommended actions. This means that the Government of Jersey has now completed a total of 35 of the recommended actions of the Taskforce.”