Anonymity in rape cases
Posted on Friday, June 18, 2010 at 8:20am
2 responses
There has been quite a lot of discussion recently about the new UK government’s intention to extend the anonymity of those accused of rape. David Cameron is quoted as preferring a “limited extension” to the law to cover the period between arrest and charges. This issue has initiated a huge debate, with many Labour politicians criticising the idea, saying that it will not encourage rape victims to come forward, and to push for prosecution.
I’ve found myself in a difficult situation on this issue. Rape is an awful, unjustifiable crime. I know people who have been raped, and it scars them for life. But I am also hugely aware of the fact that there are men out there who have been falsely accused of rape and domestic violence, and just by going through the process, they have been pushed to the edges of society, have lost jobs, friends and the good names due to being accused of rape. Some defendants who are wrongly accused have children of their own, and are often stopped from seeing their children. This is the reality of the situation.
So I have some sympathy with extending anonymity to defendants though I don’t think it should be confined to rape alone. If the man is charged, then of course their names should be made public so that other women do not suffer, but I find it difficult to support making the names public before they have been charged for the reasons I outline above. Is there evidence out there to show that if anonymity was extended that fewer women would come forward?
Maria Eagle, a shadow Minister, questioned Ken Clarke yesterday, saying: “Can he tell us, please, how many women were involved in those negotiations?” I personally don’t think that this should be used as an argument in this context. Surely male politicians should also understand how unacceptable and vile rape is? We all know that people judge others regardless of the phrase ‘innocent until proven guilty’, and for that reason I do not see how publishing names of men before charge will help stop rape from happening in our society. Going to the root of the problem certainly will – more education in our schools about sex, and respect in relationships for example, empowering women to say no, and to leave violent relationships.
Whether we like it or not, there are women out there, a minority of women, who falsely accuse men of rape or domestic abuse. This must be looked in to too, and we can’t put our heads in the sand, pretending this isn’t an issue for everyone in society.
For too long this injustice has wrecked lives, not so long ago our own local paper ran a story about a rape suspect only to get the name wrong ! innocent until proved guilty ? – it could be you Joe public accused next !
Finally the voice of reason is heard.
Rape is an awful crime and no matter what excuses may be given, it can never be justified. I think that’s a given and something that everyone would accept. In fact, the gravity of the accusation is the most compelling argument for maintaining the anonymity of suspects in rape cases.
The alleged victim, be they man or woman, quite rightly has their identity protected in order to prevent unwarranted intrusion into their private life. The alleged perpetrator, on the other hand, has no such protection and is deemed fair game for the gutter press from the moment s/he is named as a suspect.
Extending the right of anonymity until conviction would protect the reputation of those falsely accused but would still allow for those convicted to be named and for any other victims to come forward and make their complaints. In fact, we might find that it would encourage more victims to come forwards knowing that their attacker was safely in prison and unable to cause them further harm.
Diolch, Bethan, am godi pwynt mor bwysig. Does a wnelo hyn ddim â ffeministiaeth a phopeth â thegwch a chyfiawnder.