Stalking protection orders and 10-year prison terms
Victims of stalking are set to receive more protection as part of a new clampdown on domestic violence and sexual abuse.
A prison sentence of up to 10 years would be introduced locally for the most serious cases of stalking, which involve a fear of violence or serious alarm or distress, doubling the maximum sentence available for the current offence of harassment.
The courts, or possibly the chief of police, would be given the power to issue new stalking protection orders.
Breaking an order would carry a maximum sentence of five years’ imprisonment.
The new offences were included in a range of changes announced yesterday by the Home Affairs Committee.
The proposals, worked up in consultation with various agencies, are due to go to the States next month.
‘The risk of stalking posed by the perpetrator may be in respect of physical or psychological harm to the other person or physical damage to their property,’ said Home Affairs president Deputy Rob Prow, in his committee’s policy letter.
‘Risk may arise from acts which the respondent knows, or ought reasonably to know, are unwelcome to the other person, even if in other circumstances the acts may appear in themselves to be harmless.
‘For example, sending someone unwanted gifts or flowers in conjunction with other behaviour may constitute stalking behaviour. The purpose of a stalking protection order is not to punish the recipient. Rather it is used to protect victims by addressing the recipient’s behaviours before they become entrenched or more severe. They enable early police intervention pre-conviction, and protect victims from more serious harm.’
Other new offences being proposed by Home Affairs include spiking, female genital mutilation, which involves organs being injured or changed without medical reason, and strangulation and suffocation.
The domestic abuse charity Safer has said that 15% of adult victims using its services reported being victims of strangulation.
A new register would be introduced for domestic abuse offenders and for the first time local courts would be able to prevent alleged perpetrators from cross-examining witnesses in certain cases. Parents charged with assaulting their child would lose the defence of reasonable punishment.
‘Home Affairs recognises that research, policy and practice in relation to domestic abuse have moved on significantly in the last 20 years and legislation has changed in other jurisdictions to reflect this. Introducing these areas of reform will ensure that the Bailiwick has comprehensive, fit for purpose statutory protections against domestic abusers and sexual offenders.
‘This policy letter proposes the introduction of measures which will assist in tackling sexual offending and domestic violence and abuse, making a positive contribution to ensuring the Bailiwick is a safe place to live.’
If the proposals are approved by the States at policy stage, new legislation will be prepared before the new offences come into force.
