McNae's Essential Law for Journalism: Chapter 11: Anonymity for victims and alleged victims of sexual offences, human trafficking, female genital mutilation and forced marriage offences Flashcards
What does the law give?
Law gives victims and alleged victims of sexual offences, including rape, lifetime anonymity in any reports of these crimes and of any subsequent prosecutions.
What does the law also give?
Laws also give anonymity to victims/alleged victims of human trafficking for sexual and non-sexual exploitation and to victims/alleged victims of female genital mutilation or forced marriage.
Can the anonymity be removed?
The anonymity may be removed in some circumstances, allowing the media to identify the individual but a journalist should consider if this would be ethical.
Is it illegal to publish detail likely to identify?
It is illegal in almost all circumstances to publish any detail or image which identifies or is likely to identify a person in their lifetime as being a victim or alleged victim of a sexual offence or a human trafficking offence or an FGM or forced marriage offence.
Is it lifelong?
The anonymity provision is automatic and life-long for these people. It applies from the time an allegiation is made.
What does the anonymity apply to?
The anonymity applies to crime stories as well as court reports.
What does a journalist need to realise?
A journalist needs to realise from the nature of the allegiation being related that the anonymity applies.
What is jigsaw identification?
Jigsaw identification - identification caused by a combination of published detail - must be avoided. Media organisations covering cases involving sexual abuse of a child by an adult in the same family or household should agree whether their reports name the adult defendant but omit any detail of any relationship to the child or do not identify the adult defendant.
When can the person be identified?
The statutory anonymity does not apply in some circumstances - most notably when a person aged 16 or older gives written consent to be identified as such a victim/alleged victim. But when such a person can be legally identified, journalists should continue to pay heed to anonymity provision in media regulators’ codes of conduct.
What does Section 1 of the Sexual Offences Act say?
Section 1 of the Sexual Offences Act 1992 says that after an allegiation of a sexual or human trafficking offence is made:
- no matter relating to that victim/alleged victim shall, during his/her life-time, be included in any publication if it is likely to lead members of the public to identify him/her as the victim/alleged victim of the offence.
What sexual offences do victims/alleged victims have anonymity for?
The 1992 Act applies the anonymity for victims and alleged victims of virtually all offences with a sexual element. It applies in respect of all offences referred to in this section unless otherwise stated. The most serious are indictable-only. These include:
- rape.
- assault by penetration.
- causing or inciting a child under 13 to engage in sexual activity.
What sexual crimes are either-way crimes?
- sexual assault.
- trespass with intent to commit a sexual offence.
- sexual activity with a child.
What are the trafficking offences for which victims/alleged victims have anonymity?
Arranging or facilitating the travel of another person with a view to that person being exploited:
- by being held in slavery or servitude.
- by being required to perform faced or compulsory labour.
What should journalists know regarding trafficking offences?
Journalists should know that for there to be a trafficking offence, there must be the element of arranging or facilitating of travel.
What about lifetime anonymity for victims/alleged victims of FGM?
Schedule 1 of the FGM Act 2003 makes it an offence to publish anything likely to lead members of the public to identify someone as a victim/alleged victim.
