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The complex and often hidden coercion and control that can exist in some relationships will be outlawed after the politicians unanimously passed the island’s first Domestic Abuse Law.
Up to now, only the physical signs of abuse have been illegal – such as assault and criminal damage – but now underlying patterns of behaviour which can impact victims on an emotional level will be against the law.
The law also empowers the courts to issue ‘Domestic Abuse Protection Orders’, which are intended to protect victims and prevent a person who has committed an offence associated with domestic abuse from committing further such offences.
It also establishes ‘notification orders’ which require a person who has been convicted of domestic abuse offences to provide certain information to the police to allow them to keep track of domestic abusers and to “operate proactively where necessary to safeguard victims, or to make potential victims aware of the individual’s history”.
It is estimated that around 15% of all crime in Jersey involves domestic abuse.
During the debate on Thursday, Deputy Jess Perchard said the law was one of the most important pieces of legislation that the Assembly had passed this political term.
She added that coercion was a complex psychological form of control that often led to a slow, gradual decline in self-confidence and worth, which “chipped away at the victim’s ability to make decisions".
It could become a form of addiction for the abused, who would develop a dependency on the abuser and return back to them, for financial and emotional reasons, she added.
“Passing this law is a monumental moment, and I hope we can plug the gaps in future to make it even more successful,” she said, after arguing that more needed to be done to educate people about the nature and dangers of domestic abuse.
The law codifies ‘Clare’s Law’, which permits the police to disclose “proportionate and necessary” information about domestic abusers to persons who apply, and goes further by allowing proactive disclosure.
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