It is a “strongly established principle of justice” not to punish someone for actions that weren’t illegal at the time, the Home Affairs Minister has said, amid calls to extend the island’s domestic abuse law to cover incidents from before it came into force.
More than 500 islanders have signed a petition lodged by Melyssa Vieira arguing that the Domestic Abuse (Jersey) Law 2022 needs to recognise historic offences “to protect our community”.
Home Affairs Minister Mary Le Hegarat has so far refrained from commenting on the petition as it has not reached the 1,000 signatures required for official ministerial response.
But, in a letter made public this week, the Minister highlighted that it is a “strongly established principle of justice that new offences are not applied retrospectively on the basis that it is fundamentally unfair to criminalise someone for conduct which was not at the time of that conduct a criminal offence”.
But Deputy Le Hegarat added that she has “not at this stage given this matter detailed consideration”.
“I consider that it might be unfair on those who have submitted that petition to make comment now, as it could deter potential signatories whilst the petition is still active,” she wrote.
Domestic abuse was made a specific offence in Jersey for the first time in June 2023.
Those convicted under the legislation face 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.
But in her petition, Ms Vieira said: “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 CEO 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.
A 34-year-old man was jailed by the Royal Court last month after imprisoning a woman inside her own home for a day, 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 island’s domestic abuse legislation was in place, highlighting that “consideration would have been had for this to be charged as a charge of domestic abuse however the incidents occurred before the Domestic Abuse (Jersey) Law 2022 came into force”.
This included throwing the victim’s bag down the stars, removing the door handles and screws from her property so she couldn’t lock her doors, taking her wallet out with him, throwing a spoon at the victim during an argument, spying on her via her car dashcam, and tracking her movements with an air tag.
What does the current law say?
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.