Tynwald will be asked to approve one set of regulations and one order, after which the ground breaking Sexual Offences and Obscene Publications Act 2021 can be ‘switched on’.
If the final documents are approved at the March sitting then the new legislation would come into force on the 25 March, introducing a number of new sexual offences, strengthened sentencing powers and updating court anonymity rules.
The pivotal legislation would update Island laws, making crimes like voyeurism, and image based sexual crimes like revenge porn or deep fakes, punishable under their own specific offences rather than broader outdated legislation.
It would also outlaw conversion therapy, update child abuse and child exploitation offences and increase our maximum penalties to bring our prison sentences more in-line with the UK.
Minister for Justice and Home Affairs, Jane Poole-Wilson MHK, said:
‘This Act is absolutely imperative to help deliver our Island Plan vision of a secure Island where everyone feels safe. The switching on of this Act provides for further safeguards for our most vulnerable members of society and ensures that there are more appropriate and robust punishments in place for perpetrators of sexual or image based offences, those insidious crimes that take away a victim’s ownership of their body, consent or likeness. I hope that Tynwald will approve these Regulations and Order to enable introduction of this Act now that all necessary guidance is in place and training has been undertaken to support it.’
The legislation would provide protections for a range of Image Based Sexual Abuses, such as upskirting, revenge porn or deep fakes, where a sexual or suggestive photograph or video is taken, created or shared without the consent of the person in the footage. These new offences could carry a punishment of up to 3 years’ custody.
It also would make possession of extreme pornography an offence - images where the acts depicted are non-consensual, life-threatening or involve injury or bestiality.
There would also be an update to the rules regarding anonymity during court cases, meaning the names of defendants who are accused of certain sexual offences would not be published until the point that they plead, or are found, guilty.
Sexual Harm Prevention Orders and Sexual Risk Orders would also allow the Police to place more stringent controls on those they believe pose a sexual risk to others. These orders would need to be requested at Court, but would provide protection by imposing conditions such as curfews, exclusions from certain places and no contact conditions - even prior to a conviction or guilty plea. The purpose of these Orders is to help protect the public with due process and guidance in place to ensure proper usage.
The Act received Royal Assent in 2022, but was not immediately ‘switched on’ as guidance had to be created and regulations produced so that all services involved would be properly prepared.
The Department of Home Affairs has created some regulations and guidance for, and in consultation with, the agencies involved including the police, courts, education and Manx Care. Having these documents approved is the final step required before the Act can come into force, additional regulations may follow.
The full Sexual Offences and Obscene Publications Act 2021 is available online.
Anyone who would like to report a crime, or believes they have been a victim of one of the new offences outlined in the Act, should contact the Isle of Man Constabulary on (+44 1624) 631212. If it is an emergency or you are in immediate danger call 999.
If you’ve been affected by any of the issues in this release, there are details available of local organisations that provide advice on our wellbeing support webpage.
