Politicians vote against delay to new Guernsey sexual offences law

The new law will allow Guernsey's court to consider whether consent is affected after the consumption of alcohol or drugs

Guernsey politicians have voted against delaying the change to its new sexual offences law.

The new law will consider whether the consumption of alcohol or drugs prevent consent in cases of rape or sexual abuse.

Guernsey is set to become the first place in the British Isles to have this law when it comes into force in March.

Deputies voted on the legislation during their monthly meeting on Wednesday.

Deputy Carl Meerveld called for a delay to the law last week so more consultation could be done alongside the island's legal profession.

Analysis

By John Fernandez, Political Reporter,BBC Guernsey

Much has been made that this assembly is not as progressive as the previous group of politicians.

This is a reminder that while the government may have crept to the right, there is still room for social policy reform despite opposition from some sections.

What this means for further reforms like discrimination legislation is unclear.

But it's evident that this house certainly has room for changes when it comes to social policy, which in this respect, makes Guernsey a world leader.

Deputy Gavin St Pier said the debate about the subject was "respectful" and that he was glad the States supported his initial proposals from 2020.

"I was delighted the States agreed by a large majority not to defer implementation of this important piece of legislation," he said.

"Sadly, nothing is going to stop all sexual crime but this particular provision will, I hope, help over time to shift culture and behaviour.

"It effectively eradicates the difference between voluntary and involuntary intoxication, which was just a form of victim blaming."

He added: "The message is clear: lawful sex requires lawful consent.

"That means your partner must be willing and capable of consent.

"If they are intoxicated then you need to make sure they can and have consented.

"There can no longer be a place in our society for attitudes that just because someone has had a drink, they are 'Up for it or are asking for it'."

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