A proposed new offence of public sexual harassment was not included in the proposed violence against women and girls legislation after the government concluded it would create an “odd structure of rights” unless matched by wider hate crime protections.
In a letter to the panel of politicians reviewing the draft package of five laws, Home Affairs Minister Mary Le Hegarat confirmed that the original policy intention had been to introduce a specific offence of sexual harassment based on a person’s sex.
However, she said the proposal was removed at the final stages of legal review.
Deputy Le Hegarat explained that concerns were raised that creating a standalone offence protecting people from harassment on the basis of sex would result in “special protections” for one group without introducing comparable safeguards for those harassed because of religion or race.
This, she said, risked creating “an odd structure of rights”.
Instead, Deputy Le Hegarat said she had taken the decision not to bring forward the new offence until Jersey is ready to introduce equivalent protections through a broader hate crime law.
“I have taken the position that we should not bring this new offence through the Assembly until such time as we are also ready to bring through the equivalent protections for harassment on the basis of religion and race,” she explained.
The minister confirmed that officers are working on a consultation for hate crime legislation, which she intends to propose to the next government “as a matter of priority”.
However, consultation has yet to take place.
The development means that, despite the wide-ranging package of five draft laws responding to the Violence Against Women and Girls Taskforce report, a specific offence targeting public sexual harassment will not form part of the measures debated this month.
The taskforce previously highlighted widespread abuse on the island and deep public scepticism about how seriously authorities treat online and gender-based harassment.
Deputy Le Hegarat acknowledged that delaying the new offence would postpone the introduction of additional protections. However, she argued that incorporating the measure within a broader hate crime framework would result in “a wider and more robust package of protection for a range of groups”.
The remaining draft laws include new offences covering intimate image abuse, stalking, strangulation and threats of sexual violence, alongside strengthened domestic-abuse powers.
The States Assembly is due to debate the proposals later this month.