SEXUAL OFFENCES

ANONYMITY  Any victim of any sex offence – man or woman, adult or child – has guaranteed anonymity for life.  This begins as soon as the allegation is made – whether or not the police are informed, the allegation is withdrawn, there’s a prosecution, a conviction or an acquittal.  It covers a very wide range of offences from exposure, voyeurism and grooming through to rape. It also applies to conspiracy and incitement to commit any of these offences.  It applies to civil and criminal court and some employment tribunals  There have been a number of Acts over the years – you are expected to use the Sexual, Offences Act 2003 in your exam.

ANONYMITY 2  Anonymity does not apply if the victim is dead – rape and murder, for instance.  Or if the alleged victim is prosecuted for wasting police time or perjury  An adult victim can waive their own right to anonymity – but get it in writing. A child cannot waive nor can anybody else on their behalf.  Anonymity means we cannot give a person’s name, address, school, workplace or picture  All sex offences are “either-way” except rape, assault by penetration and sexual activity with a child under 13 which involves penetration. These are indictable-only.

JIGSAW IDENTIFICATION  We need to be extremely aware of the danger of jigsaw ID with sex cases.  We may safely report certain details of a case – but other media may choose different details thus identifying the victim.  Sex abuse within a family is even trickier. We can either identify the adult defendant and not mention the relationship – or say they are father and son (for instance) but keep the man anonymous. Clearly in these cases all the media must do the same thing.  “Doctored” images of alleged victims must be treated with great care – a small detail such as a distinctive bag may identify a person despite a face not being shown.

ETHICAL CONSIDERATIONS  Both the Press Complaints Commission Code and the Ofcom Broadcasting Code emphasise an ethical dimension to sex offences as well as a legal one.  Clause 11 of the PCC code says we must not publish anything which might lead to ID unless there is adequate justification and we are legally free to do so.  Clause 7 says we must not, even if legally free to do so, ID children under 16 who are victims or witnesses in a case involving sex offences.  The PCC says adult defendants may be identified but the word incest must not be used as this would lead to the ID of the child. Nothing must imply a relationship between the two.