Victim Anonymity

Question 1

Victim Anonymity
Section 1
Sexual Offences Amendment Act 1992

Answer 1

Details of the:
* Name;
* Address;
* School or other educational establishment attended;
* Place of work; or
* Still or moving pictures.
of a:
*Victim; or
* Complainant
..in relation to most sexual offences…
…shall not during that person’s lifetime be
included in any publication — including any:
* Speech;
* Writing;
* Relevant programme; or
* Other communication in whatever form.
which is addressed to either:
*The public at large;
*A section of the public
..if it is likely to lead to members of the public
identifying them as the person against whom
the offence is alleged to have been committed.

Question 2

Who Is Entitled To
Anonymity?

Answer 2

Victims
or
complainants
of
most sexual offences.

Question 3

The Nature Of
Anonymity
Restrictions?

Answer 3

Restrictions are placed on
revealing the victim’s identity
when reporting cases and trials
in relation to most sexual offences
— including those under Part 1 SOA 2003,
attempts and conspiracies, and aiding, abetting
counselling or procuring such offences.

Question 4

Duration Of The
Anonymity
Restrictions?

Answer 4

Restrictions will last
from the time
a person is accused
for the victim’s or complainant’s
lifetime.

Question 5

Will Lifetime Anonymity
Be Lost If Proceedings
Are Later Abandoned?

Answer 5

No
— anonymity will continue regardless.

Question 6

When Can A Court
Make An Order
Lifting Anonymity
Restrictions?
2 grounds

Answer 6

Ground 1
Both:
* Publicity is required by the accused to enable
witnesses to come forward; and
*The defence is likely to be seriously prejudiced
if a direction is not given.

Ground 2
Both:
*The imposition of the prohibition imposes a
substantial and unreasonable restriction on
the reporting of proceedings; and
* It is in the public interest to relax the
restriction.