Victims of sexual offences

Question 1

Is your anonymity protected for life if you are a victim of any offence?

Answer 1

Yes, if you are a victim of:

• Sexual offences
• FGM
• Forced marriage
• Modern slavery
• Human trafficking

Your anonymity will be protected for life.

Question 2

Which legislation grants this?

Answer 2

Sexual Offences Amendment Act 1992 Section 1

• Grants LA from time allegation is made
• Prohibits publication of identifying details
• Applies to victims in criminal/civil cases or tribunals.

Question 3

What happens if these rules are breached?

Answer 3

Section 5 of the Act states that the newspaper, proprietor, or editor can be prosecuted.

They face an unlimited fine.

Question 4

What kind of details would find you in breach of the Act?

Answer 4

Section 6 says it would be any speech, writing, relevant programme or communication addressed to the public.

Question 5

Have there been any updates to the Act?

Answer 5

Yes, the Sexual Offences Act 2003 amended the 1992 Act to extend anonymity to any victims of any offence with a sexual element.

Question 6

What are some examples of these sexual offences?

Answer 6

• Rape or assault
• Causing a child under 13 or an adult with mental health disorders to engage with sexual activity
• Attempt, conspiracy, trespassing or incitement to commit the above, or aiding and abetting in procuring the above
• Administering a substance
• Sex with a girl aged 13 to 16
• Abuse of a position of trust for sexual activity (teacher pupil eg)
• Sexual activity by a care worker
• Sexual activity in view of a child
• Sexual grooming/ taking indecent pictures of children
• Sexual activity with child by family member
• Trafficking for sex
• Exposure/ voyeurism / upskirting

Question 7

What details are not allowed to include after a sexual offence allegation?

Answer 7

• Any identifying factor with victim
• Name
• Address
• School
• Workplace
• Still or moving picture
• Should consider jigsaw identification (never refer to a case as incest as someone could identify from family member)

Question 8

Does a defendant get anonymity?

Answer 8

No, only victim.

May keep defendant anonymous to avoid identifying the victim though.

Question 9

Are there any exceptions to sexual offence anonymity?

Answer 9

• If a victim dies
• If Section 3 of the 1992 Act applies: There may be public interest reason to remove the restrictions of reporting
• If Section 3 of the 1992 Act applies: the defendant can ask court to lift anonymity if it helps witnesses to come forward and provide an alibi
• Under the Sexual Offences 1992 Act Section 1, sub-section 4: Anonymity doesn’t apply if complainant is prosecuted for perjury/wasting police time or preventing course of justice
• Under Section 5 of 1992 Act: Victims over 16 can write a written waiver but nobody must have “interfered unreasonably with the peace and comfort of the victim with the intention of obtaining it”.

Question 10

Is there other legislation that protects victims’ anonymity?

Answer 10

Modern Slavery Act 2015 Section 2 amended the Sexual Offences Amendment Act 1992 to give victims of human trafficking automatic lifelong anonymity

Question 11

What’s the definition of human trafficking for exploitation?

Answer 11

Arranging or facilitating travel of someone with a view for them to be exploited for:

• Being held in slavery
• Being encouraged or required to sell a body organ
• Where the person being exploited is a child, mentally or physically disabled to provide a service

Question 12

What other bits of legislation grant lifelong anonymity?

Answer 12

• Female Genital Mutilation Act 2003
• Anti-social Behaviour, Crime and Policing Act 2014 (for victims of forced marriage offences)
• Criminal Justice and Courts Act 2015 (makes revenge porn an offence. Victims don’t have automatic anonymity but editors may choose to anonymise them out of respect)

Question 13

Are there any defences to breaking anonymity in reporting?

Answer 13

The accused can show they had no reason to believe what was published would lead to the victim being identified.

Question 14

What power do the courts have over anonymity and publication?

Answer 14

Under the Contempt of Court Act 1981 Section 11 courts can permanently ban publication of a name/matter in reports.

This could be person is at risk of blackmail, security through them being identified.

• Under the Youth Justice and Criminal Evidence Act 1999 Section 46, a victim could be given lifelong anonymity if they are in fear of being identified.

Question 15

How does the European Convention on Human Rights protect anonymity?

Answer 15

• Article 2 protects the ‘right to life’
• Article 3 prevents against degrading treatment or torture
• Article 8 protects right to privacy

Question 16

Which case studies could you use to talk about anonymity?

Answer 16

Baby P was dead, so he shouldn’t have been kept anonymous.

However, identifying him would have identified his siblings who were going into care

HIs mother and lover couldn’t be identified as they were in separate trials so could risk contempt of court.

Question 17

What IPSO clauses are relevant here?

Answer 17

• Clause 11 of Victims of Sexual Offences. Must not publish identifiable details unless they are legally free to do so and there’s adequate justification.
• Clause 7 of Children in Sex Cases: must not publish details even if it’s legal. Must be exceptional public interest to publish.

Question 18

What other case studies can you mention?

Answer 18

R v Hutchinson 1986

Trial involving murder of 3 family members and rape of fourth who survived.

Rape victim witnessed the murders but if they were identified it would have revealed identities of family members.

Press said it was impossible to report the trial meaningfully without IDing her - so judge ruled that reporting restrictions could be lifted.