MPs have recommended anonymity for those accused of sexual offences. Photo: Getty
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Why rape suspects should not remain anonymous

In ignoring the injustice of bad bailing procedures and instead recommending anonymity for rape suspects, MPs are promoting the fallacy that a man accused of rape is a victim in the same way as a woman who has been raped.

It’s different for rape. Sexual offences are a kind of violent crime, but they are also unlike other crimes of violence in specific and essential ways. And before we can answer the question of why the rules of anonymity around rape allegations are as they are and why they must be defended, we have to understand what that difference is. This is urgent business, because apparently there are a lot of people who don’t get it – in particular, the home affairs select committee, which has recommended anonymity for those accused of sexual offences.

There are at least two reasons to find this recommendation baffling. Firstly, it’s not a new idea: from 1976 until 1988, the accused was granted the same anonymity as the complainant. We have already tried this, and we already know it doesn’t work. Secondly, the Select Committee report was purportedly nothing to do with anonymity – it was actually hearing evidence on the abuse of police bail. Moreover, the witnesses it heard from included two lawyers, one accused man, the Director of Public Prosecutions, a chief constable and no advocates for victims. Anonymity was never within the Committee’s remit.

The Committee’s recommendation is deeply and frighteningly flawed, but likely to be popular: in a YouGov survey from the beginning of this year, 74 per cent of the public agreed with the statement “People accused of rape should have their identities kept secret and not reported by the media unless they are found guilty.” The YouGov results weren’t entirely grim, however: a substantial majority agreed that: “People who have been the victim of rape should have their identities kept secret and not reported by the media.”

In fact, 74 per cent agreed with that assertion. And while they’re not exactly the same 74 per cent who supported anonymity for the accused (unsurprisingly, more women than men support anonymity for victims, and more men than women support anonymity for the accused), there’s clearly a lot of overlap. There’s a widespread belief that a woman who is raped and a man who is accused of rape experience equivalent harms and deserve equivalent protections. The select committee even urges that the legal system should “stop shaming suspects” as though “accused rapist shaming” were a thing in the same line as “slut shaming”.

This belief is wrong, and it demands examination. The act of rape is singularly destructive. Other kinds of violence might harm the body more, but few things can destroy a person as extensively as rape. In her 2009 book The Noughtie Girl’s Guide to Feminism, Ellie Levenson made the astonishing, obscene claim that “we do women an injustice when we say that rape is the worst thing that can happen to a woman. It is, after all, just a penis.” Let’s think about that. Just a penis, pushed into you when you said no. Just your no, ignored, disregarded, swallowed up by the air like nothing. Just your safety in your own skin, obliterated. Just your self, shattered, silenced and torn.

There is nothing inadvertent about the fact that rape does this. It is what rape is supposed to do. Penetration as destruction is built into the grammar of male dominated society. We know this because it is in the language we use: when something is utterly ruined, we call it “fucked” or “screwed”. When we assume mastery over something, human or nonhuman, we say we have “made it our bitch”. The exemplary condition of the woman in this society is to be sexually terrorised into submission.

And this terror is not completed in the individual act of violence, but is repeated over and over through the systematic humiliation of the rape victim. Her behaviour is scrutinised – was she slutty, was she drunk, did she give “the wrong signals”, is she just a liar? Her name is trashed, the whole world seeming to conspire in her rapist’s opinion that her word counts for nothing and her body is not her own anyway.

When a man is accused of rape, none of this happens. The select committee report claims that being accused of rape carries “a particular and very damaging stigma”, but this is simply untrue. Although rape is extraordinarily damaging to the victims, as far as the suspects are concerned, it is no more damaging than any other crime, and there is no reason to treat them differently to suspects in any other cases. A man can be accused of, charged with and even convicted of rape, and after a legal hiatus, his life can resume with minimal disgrace.

This is not to say that those accused of rape do not suffer injustice. Paul Gambaccini, who gave evidence to the Select Committee, was kept on police bail in relation to allegations of historical sex offences for almost a full year, and in that time he was re-bailed six times. This is a heinous condition to place on someone who has not been charged, never mind convicted, of a crime – but it is the abuse of bail that is the wrong here, not the release of Gambaccini’s name. After the police finally decided to take no action, Gambaccini returned to hosting his Radio 2 show. While the investigation was undoubtedly painful and punishingly costly for him, he still had his reputation at the long-overdue end of it.

This is true too for men whose cases make it to court. On 6 Music, you can hear Craig Charles, who was acquitted of rape in 1995 and back in acting roles the next year. Coronation Street star Michael Le Vell was found not guilty of rape in 2013, and returned to the show immediately. It is very difficult to see these men as permanently harmed, and this is as it should be – the purpose of a trial is to determine who is guilty and punish or rehabilitate them accordingly, and those found not guilty of a crime should not be subject to the ad hoc penalties of public ruin.

But in fact, there is so little stigma attached to the status of rapist that even convicted sex offenders are joyfully re-embraced by the public. Mike Tyson, for example, was found guilty of rape in 1992, and has subsequently been valorised with a cameo in knockabout bro-bonding comedy The Hangover. When feminist campaigners and football supporters offered organised resistance to Ched Evans’ return to professional football following his rape conviction, Sheffield United seemed genuinely confused: it simply did not appear to have occurred to the club that there might be something tasteless or ill-conceived about a convicted sex offender having his name roared from the stands every Saturday of the season.

Anonymity allows a woman the possibility of a space in which to rebuild herself. It’s understandable that the men who are accused would prefer to negotiate the legal system in privacy, but in practice, this would simply lead to rapists escaping justice. As Willard Foxton pointed out in an excellent article on this issue from last year, many rapists are serial offenders who can only be convicted because they have been publicly identified, which enables multiple victims to come forward and corroborate each other’s accounts. The “fly paper tactic” that Keith Vaz MP is so disparaging about in the select committee report is a valid and necessary method of investigation, when used appropriately.

And women are telling the truth about the violence done to them. In 17 months between 2011 and 2012, there were 5,651 prosecutions for rape. In the same period, there were only 35 prosecutions for making false allegations of rape; meanwhile, somewhere in the region of 110,500 people were raped, most of them women (extrapolating from these these figures).

It is astonishing that the select committee has preferred to downplay the transparent injustice of indefinite police bail, ignore the appalling way the judicial system fails victims, and instead promote the fallacy that a man accused of rape is a victim in the same way as a woman who has been raped. Male violence and female accusations are not equal and opposite forces in any sense, and we would never accept such an assumption about any other kind of violent crime. But then, it’s different for rape: no other crime is so indispensably a part of the power that owns the world.

Sarah Ditum is a journalist who writes regularly for the Guardian, New Statesman and others. Her website is here.

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Why isn't Labour putting forward Corbynite candidates?

Despite his successes as a candidate, the organisational victories have gone the way of Corbyn's opponents. 

The contest changes, but the result remains the same: Jeremy Corbyn’s preferred candidate defeated in a parliamentary selection. Afzhal Khan is Labour’s candidate in the Manchester Gorton by-election and the overwhelming favourite to be the seat’s next MP.

Although Khan, an MEP, was one of  the minority of Labour’s European MPs to dissent from a letter from the European parliamentary Labour party calling for Jeremy Corbyn to go in the summer of 2016, he backed Andy Burnham and Tom Watson in 2015, and it is widely believed, fairly or unfairly, that Khan had, as one local activist put it, “the brains to know which way the wind was blowing” rather than being a pukka Corbynite.

For the leader’s office, it was a double defeat;  their preferred candidate, Sam Wheeler, was kept off the longlist, when the party’s Corbynsceptics allied with the party’s BAME leadership to draw up an all ethnic minority shortlist, and Yasmine Dar, their back-up option, was narrowly defeated by Khan among members in Manchester Gorton.

But even when the leadership has got its preferred candidate to the contest, they have been defeated. That even happened in Copeland, where the shortlist was drawn up by Corbynites and designed to advantage Rachel Holliday, the leader’s office preferred candidate.

Why does the Labour left keep losing? Supporters combination of bad luck and bad decisions for the defeat.

In Oldham West, where Michael Meacher, a committed supporter of Jeremy Corbyn’s, was succeeded by Jim McMahon, who voted for Liz Kendall, McMahon was seen to be so far ahead that they had no credible chance of stopping him. Rosena Allin-Khan was a near-perfect candidate to hold the seat of Tooting: a doctor at the local hospital, the seat’s largest employer, with links to both the Polish and Pakistani communities that make up the seat’s biggest minority blocs.  Gillian Troughton, who won the Copeland selection, is a respected local councillor.

But the leadership has also made bad decisions, some claim.  The failure to get a candidate in Manchester Gorton was particularly egregious, as one trade unionist puts it: “We all knew that Gerald was not going to make it [until 2020], they had a local boy with good connections to the trade unions, that contest should have been theirs for the taking”. Instead, they lost control of the selection panel because Jeremy Corbyn missed an NEC meeting – the NEC is hung at present as the Corbynsceptics sacrificed their majority of one to retain the chair – and with it their best chance of taking the seat.

Others close to the leadership point out that for the first year of Corbyn’s leadership, the leader’s office was more preoccupied with the struggle for survival than it was with getting more of its people in. Decisions in by-elections were taken on the hop and often in a way that led to problems later down the line. It made sense to keep Mo Azam, from the party’s left, off the shortlist in Oldham West when Labour MPs were worried for their own seats and about the Ukip effect if Labour selected a minority candidate. But that enraged the party’s minority politicians and led directly to the all-ethnic-minority shortlist in Manchester Gorton.

They also point out that the party's councillor base, from where many candidates are drawn, is still largely Corbynsceptic, though they hope that this will change in the next round of local government selections. (Councillors must go through a reselection process at every election.)

But the biggest shift has very little to do with the Labour leadership. The big victories for the Labour left in internal battles under Ed Miliband were the result of Unite and the GMB working together. Now they are, for various reasons, at odds and the GMB has proven significantly better at working shortlists and campaigning for its members to become MPs.  That helps Corbynsceptics. “The reason why so many of the unions supported Jeremy the first time,” one senior Corbynite argues, “Is they wanted to move the Labour party a little bit to the left. They didn’t want a socialist transformation of the Labour party. And actually if you look at the people getting selected they are not Corbynites, but they are not Blairites either, and that’s what the unions wanted.”

Regardless of why, it means that, two years into Corbyn’s leadership, the Labour left finds itself smaller in parliament than it was at the beginning.  

Stephen Bush is special correspondent at the New Statesman. His daily briefing, Morning Call, provides a quick and essential guide to British politics.