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The coalition makes welcome U-turn over rape

Men will not be granted anonymity.

The government is denying that it is a U-turn but it is -- and a very welcome one, at that. The surprise (and, frankly, bizarre) plan by the Conservative-Liberal coalition to grant anonymity to men accused of rape in England and Wales has today been reversed.

It may be belated but it is the right decision, and one that, with luck, will bring closure to the controversial issue. The right-wing media have long portrayed some rape victims as liars and yet the facts and figures consistently show that there are many more cases than there are convictions.

This trend is partly the result of a suspicious, cynical and male-dominated culture in the police and criminal justice system as a whole; but it is also because of real fear on the part of rape victims of being targeted again by the accused.

Congratulations to those MPs who opposed the idea, which in part came from a 2006 Lib Dem policy. They included the shadow equalities minister, Yvette Cooper, and the Tory MP Louise Bagshawe.

8 comments

Louise Black's picture

Those favouring anonymity for "rape" defendants could reflect on the bigger picture. There are loads of different kinds of sexual offences including rape all committed in different kinds of ways against different kinds of victims (including children), all ultimately being degrading, humiliating ways to abuse people with or without additional force or violence. Few cries were heard when "Jon Venables" was charged with child porn offences, "oh the poor chap, this accusation could ruin his reputation", on the contrary the public demanded to know more information than the Court was prepared to be released. In some non sexual offence cases, some witnesses are granted anonymity also (informers, witnesses vulnerable to intimidation, reprisals etc) because the principle remains that in some cases (especially and particularly in sexual offences but not exclusively), witnesses will not come forward or be prepared to give evidence in Court if their identity is known to the public (or sometimes even to the Defendant). If you go down the route of giving anonymity to defendants, where does it stop? One highly regarded individual could be devastated by accusations of fraud or assaulting a child, another could be crushed by accusations of harassment or street violence, the list goes on. The only defendants to get guaranteed anonymity for any offence before conviction are under 18s for very specific reasons. Thinking back to Jon Venables, remember Boy A and Boy B. There is no case unique to those accused of sexual offences that stands out compared to other adult accused. There are however very specific reasons why some witnesses, including, but not exclusively, victims of sexual offences, warrant anonymity. If one looks specifically at victims of sexual offences, then the case is overwhelming for anonymity to encourage them to come forward and provide evidence in a court case. Those that are proven to have made false accusations are in fact named. Those are the ones who are prosecuted like any other defendant (without anonymity) and where ultimately their guilt will need to be "proven" to the standard of the criminal law like any other conviction. Prosecutions against "false accusers" are vigorous, perhaps even moreso than against "sexual offenders", leaving the question remaining, why would we want to change the law to make coming forward as a genuine victim of any sexual offence (including rape) more difficult than it is already. Soundings from survivors and from throughout the community of organisations supporting and campaigning for survivors, tell us resoundingly, this short-lived proposal would have certainly done enormous damage to victims, sending out the message that the only difference between one particular accused and another, was that he, or she, the accused of sexual offences, has a particularly and especially unbelievable accuser.

Chris's picture

@ Louise Black

What the hell are you rambling on about?

Steve in Somerset's picture

Now that anonymity for men accused is not to be granted, I take it that names of unsuccessful accusers will be published after the event?

Don't hold your breath Steve .....

Daniel's picture

What a DISASTER! I take it "innocent until proven guilty" is no longer going to be the case. It will continue that now every man who is falsely accused of rape will bear the stigma of "rapist" for the rest of their lives, despite never having commited any crimes. And Steve from Somerset is right; will the women who falsely accuse men of rape have their names released? Somehow I don't think so

Dave Smith's picture

Innocent until proven guilty....unless it suits.

Des Demona's picture

The real difficulty here is that the crime of rape can involve intent of the perpretrator and the word of the victim. Actual evidence of intercourse doesn't necessarily prove rape. That is why I feel there is a case for anonymity unlike such accusations as for murder or robbery which tend to be more clearly evidence based and when identities of the accused are routinely revealed.

Ricardo1's picture

WTF I thought The New Statesmen was progressive? Why are you against the principle of Innocent til proven guilty, regardless of gender?? What next? Fascism you right wing idiots??

Publishing names of potentially innocent men is a step away from mob law.

swatantra nandanwar's picture

Its a mistake to deny anonimity. Even if acquited, the stigma on the accused remains.

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