Sexual Offences Flashcards
What genders do sexual offences apply to?
Apart from the offence of rape (under ss. 1 and 5 of the Sexual Offences Act), the offences are ‘gender neutral’, i.e. they can be committed by a male or a female
Where is law on Sexual Offences contained?
Sexual Offences Act 2003
What is the law on anonymity?
The Sexual Offences (Amendment) Act 1992- provides anonymity to a victim/complainant of most sexual offences. It applies to almost all sexual offences under part 1 of the Sexual Offences Act 2003 (such as rape, assault by penetration, sexual assault by touching etc.) as well as attempts and conspiracy to commit such acts. It also applies to aiding, abetting, counselling or procuring any of these offences. It does not apply to the offences dealing with sex with an adult relative (ss. 64 and 65) and sexual activity in a public lavatory (s. 71)
What does the law state?
Sexual Offences (Amendment) Act 1992
(1) Where an allegation has been made that an offence to which this Act applies has been committed against a person, no matter relating to that person shall during that person’s lifetime be included in any publication if it is likely to lead members of the public to identify that person as the person against whom the offence is alleged to have been committed.
What information does the anonymity apply to?
(3)(3A)- include in particular,
(a) the person’s name
(b) the person’s address
(c) the identity of any school or other educational establishment attended by the person
(d) the identity of any place of work and
(e) any still or moving picture of the person
When does anonymity start?
When an allegation is made that such a crime has been committed or someone has been accused of such a crime, the person alleged to be the victim is entitled to by law to anonymity as regards any media reports of that allegation.
This anonymity is automatic and unconditional- it applies immediately from the time an allegation is made.
When does anonymity apply?
It applies whether the allegation is made by the alleged victim themselves or by someone else.
It still applies whether or not the allegation is subsequently withdrawn, whether or not a suspect is identified or whether a prosecuted person is acquitted or convicted.
Does it matter if the allegation is false?
It doesn’t matter that the allegation is false!! There is still anonymity, even if it is malicious or the alleged victim is actually a perpetrator.
How long does the right to anonymity last for?
It begins automatically when an allegation is made and, unless their is a court order, it will last for the entire lifetime of the victim only lapsing on their death.
What does publication include?
Includes any speech, writing, relevant programme or other communication in whatever form, which is addressed to the public at large or any section of the public (and for this purpose every relevant programme shall be taken to be so addressed), but does not include an indictment or other document prepared for use in particular legal proceedings (s. 6(1))
What does ‘likely to lead to the identification of the victim’ mean?
Solicitor General 1993- a report of a rape case could be illegal if no names or specific addresses were published, but nevertheless the detail included was sufficient to identify the victim in the minds of some people, even though not in the mind of the community generally.
What is lifetime anonymity?
The alleged victim/complainant is entitled to anonymity throughout their lifetime
Once an allegation of one of the offences has been made, nothing may be published which is likely to lead members of the public to identify the alleged victim/complainant
The protection under s1(2) applies from the time someone is accused for that person’s lifetime even if proceedings are later abandoned
When can anonymity be lifted by the victim themselves?
The right to anonymity can be lifted during the victim’s lifetime by written consent of the victim, who provided they are 18 years of age and over, has the right to disclose that they have been a victim if they wish to do so.
When can lifetime anonymity restrictions be lifted by court order?
Under s3, prohibition on publicity may be lifted by order of the court if either:
- publicity is required by the accused so that witnesses will come forward and the conduct of the defence is likely to be seriously prejudiced if the direction is not given; or
- the trial judge is satisfied that imposition of the prohibition imposes a substantial and unreasonable restriction on the reporting of the proceedings and it is in the public interest to relax the restriction
Example when a court order would be granted
If D states he has an alibi and needs the support of the public. Court may view it necessary to relax restrictions and waive victim’s anonymity.
