Sexual Offences Flashcards
What is the sexual offences act 1992?
Section one says that after an allegation of sexual or human trafficking is made:
No matter relating to that victim shall be included in any publication if it is likely to lead to members of the public being able to identify him/her as a victim of an offence.
The ban includes in particular:
His/Her name
Address
Identity of any school or place of work
Any still or moving picture
What are indictable only offences?
The charges of rape, the charges of assault by penetration and of any other sexual activity with a child under 13 which allegedly involves penetration.
What does section 2 of the Modern Slavery act 2015 include?
Sexual exploitation.
Domestic abuse.
Same anonymity rules.
What ethical considerations should there be?
Editors code and OFCOM:
Clause 7 of the editors code that breach of the 1992 act anonymity also breaches this clause and that if that the acts of anonymity didn’t apply to the child it would be extremely rare for the codes public interest justification to override the clauses anonymity provision.
Rule 1.8 OFCOM - as regards to coverage of sexual offences involving under 18s that breach of the 1992 act also breaches this rule as regards to victims and also jigsaw identification.
When does anonymity cease?
Parliament decided in 1976 that the violation of rape and the potential for victims to suffer embarrassment and further trauma when testifying in court justified to giving them anonymity provided by the 1992 act.
Anonymity ceases to apply includes that if such a person can if aged 16 or older can sign a waiver to consent to be identified in a media report of or feature concerning the court case.
What does the FGM act 2003 include?
It automatically bans any publication from identifying as the victim of an offence.
Section 4A 2003 has the same scope as the 1992 act it covers victims of any state even those who agreed to to under go.
The circumstances in which someone over the age of 16 sign a waiver.
What is 6A of the antisocial behaviour crime and police act 2014?
It bans the publication of anyone forced into marriage.
It ceases if a waiver is signed.
