Guernsey sexual offence law consent update may be delayed

Deputy Carl Meerveld has asked for more time to consult with the legal profession over what he said would overturn the burden of proof

A move to delay an agreed change to Guernsey's sexual offences laws will be voted on next week.

The change, agreed in 2020, would have meant the consumption of alcohol or drugs preventing consent in cases of rape or sexual abuse would be considered by Guernsey courts.

While previously agreed, the drafted law needs to be approved.

However, Deputy Carl Meerveld is calling for more consultation with the legal profession.

Guernsey was set to be the first place in the British Isles to have this as law.

Mr Meerveld, who is leading proposals for a delay, said it goes against the "golden thread of western law".

"My concern is that it overturns the burden of proof so it says if an individual has consumed alcohol or drugs and believes they weren't capable of giving consent, the burden of proof is overturned.

"Then to put it in layman's terms is guilty until proven innocent."

Ignore victims

The initial proposals were put forward by Deputy Gavin St Pier - who was chief minister at the time and told the States how he was sexually assaulted.

He said the delay was "without a time limit" and was "effectively kicking this into the very long grass".

It is "completely unacceptable" and a delay would "ignore the thousands of victims of sexual crime that exist in the Bailiwick".

He said the consent law was about creating a "level playing field" and removing "victim blaming".

"This is a minor change which is about changing cultures and behaviours".

Deputies will vote on the legislation on 16 February during their monthly meeting.

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