The island’s sexual offences act is to be modernised under plans outlined by the Department of Home Affairs.
The current 1992 Act only criminalises incest between direct descendents and bloodlines.
The Examiner has learned that the Department for Home Affairs plans to update this legislation and bring the island more into line with the UK’s Sexual Offences Act 2003.
This will replace all current sexual offences laws with a single consolidating bill.
Under the current law, a person can only be found guilty if they are proved to have committed a sexual act with a person known to be, their child or grandchild, their parent or grandparent or their sibling.
This also extends to half blood relations but not aunts and uncles, foster or step-families.
If that child/grandchild or sibling is under 13 then anyone prosecuted is liable to life imprisonment.
If they are above the age of 13, then any guilty party is liable for a sentence not exceeding 10 years.
The UK law is more extensive in the family relations it covers. This includes ’parent, grandparent, brother, sister, half-brother, half-sister, aunt or uncle’ and foster families.
Ramsey MHK Dr Alex Allinson will be responsible for moving the new Bill in the House of Keys.
He said: ’This is essentially an update to legislation: our current act is from 1992 so it has fallen behind the times, while the UK government has improved its legislation.
’The new act will look at whole areas that have positions of trust such as teachers, doctors and family members and will deal with it all in greater detail.
’It has taken a little while to get this all together by Bill Malarkey (Home Affairs Minister) who has made this a priority.’
Dr Allinson says the act will cover areas such as obscene publications, and issues including revenge porn and up-skirting.
The move to modernise the law comes at a time where incest has made the news in the island.
Mr Y, who wishes to remain anonymous, has come forward to explain why he welcomes the change in the law, after discovering his daughter is in a relationship with his brother.
Mr Y told The Examiner how his brother had called him on Valentine’s Day claiming to have had a DNA test done which said Mr Y’s daughter was not his child and there was therefore no issue with their relationship.
However, Mr Y later convinced his daughter to take a second test, which this proved he was indeed her father. The result also meant she was having an incestuous relationship with her uncle. Despite this, his brother and daughter continued their relationship.
Mr Y says: ’My brother just said to me "love is blind, it doesn’t make a difference".
’But since then, they keep lying and telling people that the first test was right so it’s fine.’
He added if it wasn’t for the children in his family, he would speak out using his name. But for risk of them suffering bullying, he won’t.
Mr Y added. ’I’ve lost so many of family.
’All I’ve done is prove she is my daughter so for them both to do what they did and for some of the family to support it is hard.
’I wrote to MHKs three years ago and nothing was done. So I’m overwhelmed that this will be covered by this new law, to stop it happening to anyone else will be a relief.’
Dr Allinson also revealed that there are plans for a consultation on the new act to be held in the coming months.
.png?width=209&height=140&crop=209:145,smart&quality=75)



Comments
This article has no comments yet. Be the first to leave a comment.