Whether crimes motivated by hostility towards someone’s sex should attract tougher sentences is among the questions Islanders are being asked in a consultation on hate-crime legislation.
The government is seeking views on whether sex should be a protected characteristic under proposed laws, including whether to criminalise stirring up hatred against women or men.
The consultation describes the issue as “one of the most complex and contested areas of policy internationally”.
It says supporters of including sex argue that recognising misogyny within hate-crime legislation could improve reporting, evidence gathering and public confidence.
However, it also highlights concerns that adding a requirement to prove hostility based on sex could complicate investigations and prosecutions involving domestic abuse or sexual offences.
Islanders are being asked whether sex should be included in provisions for tougher sentences, offences of stirring up hatred, or both.
The wider proposals would allow courts to increase sentences for existing crimes, such as assault, harassment or criminal damage, where hostility towards a protected characteristic is proven.
There would be no fixed increase. Courts would assess the seriousness of the offence and the role of prejudice, and state their findings publicly.
We are committed to ensuring any future legislation protects people from harm while safeguarding freedom of expression
Home Affairs Minister Helen Miles
Proposed protected characteristics include race, religion, sexual orientation, disability and gender reassignment, including non-binary identities. Age, pregnancy and maternity are not proposed for inclusion.
Separate stirring-up offences could cover threatening or abusive words, actions or material intended, or likely in the circumstances, to incite hatred against a protected group.
The document says safeguards would protect freedom of expression, including criticism of religious beliefs and discussion of social or political issues. Private beliefs would not be criminalised, nor would every offensive comment become an offence.
Home Affairs Minister Helen Miles said: “Everyone deserves to feel safe in their community. This consultation is an opportunity for Islanders to help shape how Jersey responds to crimes motivated by hostility and prejudice.”
She added: “We are committed to ensuring any future legislation protects people from harm while safeguarding freedom of expression.”
Jersey currently relies on general criminal law without specific statutory recognition of hate-based motivation.
The 12-week consultation will inform proposals before a law is drafted. Responses can be submitted in English, Polish or Portuguese until Tuesday 12 January 2027.
Islanders can take part through the government’s consultation page.
