Positions of Trust and the Sexual Offences (Jersey) Law 2018 (FOI)

Request

Please would you advise the following:

A

The number of complaints recorded in Jersey between 23 November 2018 to-date (listed by year) in which sexual activity with a 16- or 17-year-old has been reported that involved a person who was in a Position of Trust. Please include the nature of the role of the person in a Position of Trust, for example sport, faith, education, and so on.

B

The number of complaints recorded in Jersey between 23 November 2018 to date (listed by year) in which sexual activity with an adult has been reported that involved a person who was in a Position of Trust. Please include the nature of the role of the person in a Position of Trust, for example sport, faith, education, and so on.

C

The number of complaints recorded in Jersey between 23rd November 2018 to date (listed by year) in which sexual activity with a child under 16 years of age has been reported that involved a person who was in a Position of Trust. Please include the nature of the role of the person in a Position of Trust, for example sport, faith, education, and so on.

D

Of the number of complaints recorded above, please advise the outcome of each complaint if known.

Response

A to D

The States of Jersey Police (SOJP) have recorded fewer than five complaints of sexual activity by a person in a position of trust under the Sexual Offences (Jersey) Law 2018. Due to the very small numbers involved, it has been determined that individuals involved could be identifiable by certain other individuals if any further information was to be disclosed. Article 25(2) of the Freedom of Information (Jersey) Law 2011 has therefore been applied. 

Article applied 

Article 25 - Personal information

(1) Information is absolutely exempt information if it constitutes personal data of which the applicant is the data subject as defined in the Data Protection (Jersey) Law 2018.

(2) Information is absolutely exempt information if –

(a) it constitutes personal data of which the applicant is not the data subject as defined in the Data Protection (Jersey) Law 2018; and

(b) its supply to a member of the public would contravene any of the data protection principles, as defined in that Law.

3) In determining for the purposes of this Article whether the lawfulness principle in Article 8(1)(a) of the Data Protection (Jersey) Law 2018 would be contravened by the disclosure of information, paragraph 5(1) of Schedule 2 to that Law (legitimate interests) is to be read as if sub-paragraph (b) (which disapplies the provision where the controller is a public authority) were omitted.