KNOW THE LAW
What are UK anonymity rights for rape cases and why are victims’ names kept secret?
Victims of a sexual offence have automatic anonymity for the rest of their lives under the Sexual Offences Act 2003
By Gemma Mullin and Richard Wheatstone
11th July 2017, 4:05 pm
Updated: 11th July 2017, 4:13 pm
RAPE and sex offence victims are automatically given lifelong anonymity under UK law.
Media are required to avoid publishing any details which may lead to the identification of a victim and high-profile court trials involving defendants such as Adam Johnson and Ched Evans have seen members of the public warned not to identify complainants on social media. Here's why...
What are UK anonymity rights for rape cases?
Victims of a sex offence are entitled to remain anonymous for life under the Sexual Offences Act 2003.
If an individual has a right of anonymity it means that they have a legal right to remain unnamed to the general public.
They are also not allowed to be named in reports which are released to the general public through the press.
This includes women who have made an allegation of rape which is being investigated by police, being put before the courts or has not resulted in a conviction.
Identifying victims and complainants also includes publishing details which may allow the public to work out who the victim is.
This can include publishing details of family members or photographs - even if they are blurred or pixelated - which can lead to their identification.
Is it only the media who can be punished for identifying a victim?
No. Anyone can.
After Sheffield United footballer Ched Evans' was acquitted of rape following a trial at Cardiff Crown Court earlier this year, police cautioned 10 men for revealing his accuser's identity on social media.
In November 2012, after Evans was originally found guilty of the offence at Mold Crown Court - before the conviction was quashed by the Court of Appeal - another nine people were cautioned for publishing material likely to lead to the complainants identification.
The nine claimed they were not aware naming the woman was a criminal offence and were each ordered to pay £624 compensation.
Supt Jason Devonport of North Wales police said publishing her name was a serious offence, adding: "I’d like to emphasise all police forces take offences of this nature very seriously. We will vigorously pursue and prosecute those who don’t respect victims’ anonymity."
The media have also been warned they face heavy fines if articles lead to the identification of sex offence complainants.
The publisher of the Daily Telegraph was fined £80,000 after publishing a pixelated photograph of the teenage victim to former England international footballer Adam Johnson.
The image was altered from the original picture shared on Facebook but Westminster Magistrates Court ruled it was still likely to identify her.
Why are sex offence victims' names kept secret?
Studies such as the British Crime Survey show sex offences are widely under-reported in the UK, with around 89 per cent of rape victims not telling police.
It is believed one of the main motives for victims staying quiet is the stress involved with their trauma being made public and that they may choose not to take their case to court for fear of being named in press reports.
Currently only around six per cent of reported rape cases result in a conviction and if the majority of cases aren't being reported in the first place the number is likely to be much lower.
For this reason anonymity is believed to have an important part to play in increasing conviction rates.
This protection of anonymity can also include complainants being screened from the public gallery during court trials to encourage victims to support prosecutions of their attackers.