Reporting on Sexual Offences PDF

Reporting on sexual offences - A complainant’s identity is protected from the moment that a complaint is made about an allegation of a sexual offence. - It automatically comes into force What the law says? - The Sexual Offences (Amendment) Act 1992 gives lifelong anonymity for...

Reporting on sexual offences - A complainant’s identity is protected from the moment that a complaint is made about an allegation of a sexual offence. - It automatically comes into force What the law says? - The Sexual Offences (Amendment) Act 1992 gives lifelong anonymity for victims – both male and female – for virtually all sexual offences - This means from the moment an allegation is made, ‘nothing can be published which might lead to identification of a rape or sex offence victim if it is likely to identify him/her as a rape or sex offence victim in their lifetime. This means you cannot report: - Name - Address - School / any other educational establishment they attend - Place of work - Still or moving pictures of them Also applies to UK nationals abroad - The lifelong anonymity applies to those victims/alleged victims in which the defendant is a British national and can be tried here in the UK for that crime. - Note: victims no matter where the assault occurred can sue for damages under privacy law if they did not validly give consent to be identified What offences are covered? Note: All these offences are listed under the Sexual Offences Act 2003. The lifelong anonymity for virtually all offences is applied under the Sexual Offences (Amendment) Act 1992 - Rape - Assault by penetration - Sexual assault - Trespass with intent to commit a sexual offence - Sexual activity with a child - Meeting or arranging to meet a child following sexual grooming - Controlling a prostitute for gain - Exposure - Trafficking into the UK for sexual exploitation - Modern day slavery - Internet grooming - Upskirting - Voyeurism  - Revenge porn (has just been added after passing of Online Safety Bill) New offences Note: These offences are listed under the Police, Crime, Sentencing and Courts Act 2022. Lifelong anonymity is applied under the Sexual Offences (Amendment) Act 1992 - Voyeurism: breast-feeding - Positions of trust Other offences with automatic lifelong anonymity ` - FGM (Schedule 1 Female Genital Mutilation Act 2003) - Forced marriage offences (Anti-social Behaviour, Crime and Policing Act 2014) Civil cases - Anonymity rules are the same for civil cases (eg: damages claims for rape). Defendants - They can be named - But you need to ensure you do not include any information which could identify the complainant - As discussed, be careful about naming a suspect at arrest stage – if they are not charged, they could sue you for libel or, more likely, privacy (Cliff Richard v BBC) Jigsaw identification - When an accumulation of detail about someone, who has legal anonymity, is published which would lead to their identification. - It essentially means it would be possible for someone to piece together the details and work out who the story refers to. This can happen when… - Two or more news organisations report on the same story and combined detail from reports identifies the victim It can also happen when one newspaper publishes several pieces of information in one story – or several stories - which, if pieced together, would identify that victim e.g. Monday – report victim was 28 Tuesday – report victim is a teacher Wednesday – report victim is yoga instructor When can restrictions be lifted? - if the VICTIM (16 or over) gives written consent - without their peace and comfort of mind being interfered with - Can only be given by victim - Permission CANNOT be given by parent/guardian Why give consent? - Most victims do not want to give up their anonymity - But some choose to do so as they feel it sends a powerful signal to other rape victims that they can find the courage to seek justice and that there is no stigma in being a victim Why should the journalist / publisher get written consent from the victim / alleged victim? - This gives the publisher proof that the victim was willing to waive their anonymity. - It’s good practice to get the victim to state explicitly in the written waiver that she/he has not been subjected to any interference with his/her peace or comfort - When one publisher has obtained valid written consent, other publishers can legally identify the victim When are restrictions not imposed / can be lifted? - Victim is dead - The ACCUSED, before the trial, can ask for restrictions to be lifted to encourage witnesses to come forward (this is rare) - the MEDIA can ask for the restrictions to be lifted if they can convince the judge they impose a substantial and unreasonable restriction on reporting the trial (this is fairly rare – see p155 of McNae’s and R v Hutchinson case) - the victim is charged with a criminal offence arising out of a false allegation of sex assault Sex cases and the code of practice Clause 7: In any press report of a case involving a sexual offence against a child: - The child must not be identified. - The adult may be identified - The word “incest” must not be used where a child victim may be identified. - Care must be taken that nothing in the report implies the relationship between the accused and the child Clause 11: The press must not identify or publish material likely to lead to the identification of a victim of sexual assault unless there is adequate justification and they are legally free to do so. Journalists are entitled to make enquiries but must take care and exercise discretion to avoid the unjustified disclosure of the identity of a victim of sexual assault. - Adequate justification - There may be some occasions where you are legally free to name a victim but the code asks you to consider whether you have adequate justification to do so - Legally free to do so - By getting written consent from the victim means you are legally free to do so - Unjustified disclosure - If you reveal identity of sex offence victim as part of your enquiries, this could lead to a breach of the code Key revision points to take away on reporting sexual offences: Victims/alleged victims of a sexual offence automatically receive lifelong anonymity from the moment they make the claim. This applies even if the case never reaches court, or the police, or if a defendant is found not guilty The Sexual Offences (Amendment) Act 1992is the main law. It says you cannot report their name, address, workplace, place of education, still or moving image OR anything likely to identify them. Offences range from sexual contact - rape, indecent assault etc - to non-contact offences (voyeurism, exposure, internet grooming, upskirting, modern day slavery - see slides for full list). There are also relatively new sexual offences of FGM and forced marriage (note - the anonymity requirements apply under their own acts - Schedule 1 Female Genital Mutilation Act 2003 & Anti-social Behaviour, Crime and Policing Act 2014) You CAN (and should) name the defendant. However, you need to be careful that what you write doesn't identify the victim (e.g. a relationship) The victim can waive their right to anonymity by providing written consent so long as they are aged 16 or over. Journalists must get them to sign a letter so they have proof. You cannot interfere with the victim's peace and comfort of mind in getting that consent. Anyone aged under 16 cannot be identified even if they want to be and even if you have parental permission. There are two IPSO clauses relevant to sexual offences - clause 7 children in sex cases and clause 11 victims of sexual assault.