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It is a "common misconception" that false allegations of rape are commonplace in Jersey – with the false reporting rate for sexual offences over the past six years standing at just 1.4%, according to Ministers.
Ministers shared the statistics as they confirmed that there are no plans to create a specific criminal offence for dealing with the "extremely rare" occurrence in response to a petition signed by more than 1,000 islanders.
Falsely reporting a crime already attracts a sentence of up to six months' imprisonment, but islander Justin Figgett's petition called for a specific offence "with the same punishment as the crime".
"False allegations of rape are devastating to those who are victims of this gross form of hatred and reputational violence," he said.
Pictured: The petition has reached the 1,000-signature threshold which prompts a ministerial response.
"Fail-safes need to be in place to prevent misuse of a rape allegation and to ensure the credibility of real cases."
In response, Ministers confirmed that there are no plans to create a specific offence for falsely reporting a rape, or to increase the sentencing arrangements for existing offences that relate to false allegations.
They said: "It is important to acknowledge that there is a common misconception that false allegations of rape are commonplace, when in fact false allegations of rape are extremely rare."
According to the States of Jersey Police, sexual offences made up 6% of all crimes last year, with 186 overall.
Pictured: Recorded crimes since 2019.
In responding to the petition, Ministers pointed to data collected by the police indicating that the false reporting rate for sexual offences from 2018 to 2024 was 1.4% – just over one in every 100 reports.
Research from England and Wales also shows that the incidence of false rape allegations is extremely low, with the Home Office stating that up to just 3% of rape allegations could be false.
The Minister said: "Discussions that focus on the issue of false rape allegations can divert attention away from the important conversations that need to be had around preventing sexual violence and supporting victim-survivors of sexual offences."
They noted that many victim-survivors of sexual violence face a "series of barriers" to reporting the abuse they have experienced to the police, with some feeling shame around what has happened, whilst others do not believe their allegation will be taken seriously.
Pictured: Many victim-survivors of sexual violence face a "series of barriers" to reporting the abuse they have experienced to the police.
"Some of the barriers to making a report are compounded by the fact we live in a small jurisdiction, where concerns around anonymity and privacy are exacerbated," the statement continued.
"We want to be clear that all reports of rape and other forms of sexual violence are and will be taken extremely seriously and victim-survivors will be believed.
"It should be noted that, in cases where a defendant has been accused of committing a rape, this crime is subject to the highest level of evidential burden.
"What this means is that the prosecution must prove beyond any reasonable doubt that the defendant had committed this crime.
"There are cases where a victim might report a rape, the police investigate the crime and are not able to gather enough evidence to charge a suspect.
"This does not mean that the person that reported the rape has falsely made a malicious claim against the alleged perpetrator.
"What it means is that there is simply not enough evidence in the case for there to be a reasonable chance of a conviction."
Pictured: For crimes involving violence against women and girls, the 'no complaint' rate has sat at around 40% for the last three years.
Ministers explained that it is already illegal to falsely report a crime to the police in Jersey, and people can be charged with the customary law offence of committing an act tending to effect public mischief.
Article 30 of the States of Jersey Police Force Law 2012 also provides for the offence of 'wasting police time', which has a maximum sentence of six months if a person makes "a false report tending to show that an offence has been committed".
Last year, the island's Violence Against Women and Girls Taskforce – a team made up of politicians and professionals working in the charitable and justice sectors – published a report outlining key ways to tackle the "very real" issue of violence against women and girls in Jersey.
Among its 77 recommendations to Government and other agencies, it called for an independent review of the Jersey criminal justice system in relation to domestic abuse, rape and serious sexual assault – and a similar review of the family court system.
Pictured: The VAWG report showed that almost all survey respondents had experienced at least one form of sexual harassment in their lifetime.
It also found that "gaps" in Jersey's legislation were "undermining the ability of the criminal justice system to protect victim-survivors or effectively manage perpetrators".
Victim testimonies featured in the report revealed that a lack of trust in institutions has become a "barrier" to reporting – with concerns that "emotional abuse isn't seen as serious enough for the police".
The police accepted the relevant recommendations, committing to "continuously improving our ability to further build victim trust".
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