The Ministry of Justice has confirmed that the law will not be changed to grant anonymity to men accused of rape in England and Wales

Posted on July 26, 2010
Filed Under England, Government, Rape and Sexual Assault, Wales | Comments Off

* The plan had been included in the government’s coalition agreement but it now says it will put pressure on media outlets not to name suspects instead.
* It denies a U-turn saying it had never been ministers’ intention to legislate.
* Labour and female Tory MPs said anonymity could send a negative signal about women who accuse men of rape.

The plan to grant anonymity to rape suspects was a surprise inclusion in the government’s coalition agreement in May. It had not been in the Conservative or Liberal Democrat election manifestos, although it had been Lib Dem policy since 2006.

The coalition agreement said: “We will extend anonymity in rape cases to defendants”.

Prime Minister David Cameron appeared to bow to pressure from campaigners last month when he said he favoured a “limited extension” to the law to cover the period between arrest and charges.

It has now been confirmed the government has no plans to change the law to grant anonymity for defendants in court.

And in the House of Commons last week Justice Minister Crispin Blunt said the government wanted to find a “non statutory-solution” to extending anonymity.

He added: “We are loathe to find even more statutes to put on the statute book.”

Mr Blunt suggested Press Complaints Commission guidance recommending the media do not identify people before they are charged with rape might be strengthened.

The Ministry of Justice says an analysis of evidence and research on the topic that was to be published before the summer recess will not now appear until the autumn.

A spokesman said: “We want to make sure a thorough assessment of all of the available evidence is produced to inform the debate on this very important issue. It is right that we take the time to get it right, and have therefore decided to publish the report when Parliament returns in September.”

In a statement, the Press Complaints Commission said: “We would be happy to discuss matters with them (the Ministry of Justice) but as yet they haven’t approached us.”

Guidance for journalists on gathering and reporting news is enshrined in the Editor’s Code of Practice, which is written by a committee of editors and enforced by the PCC. It is not legally binding.

The government has argued that rape suspects should be granted anonymity “to protect anyone who may be wrongly accused from harmful stigma”.

But critics have said it could lead to a reduction in convictions.

Speaking last month, acting Labour leader Harriet Harman said: “To single out rape defendants sends a very powerful message to juries in rape cases that the rape victim is not to be believed. It sends a devastating message to rape victims that uniquely of all victims they are not to be believed.”

Shadow minister for women and equalities Yvette Cooper has also attacked the plans, saying that it could prove “so damaging for rape convictions without any formal consultation”.

Conservative MP Louise Bagshawe told The Observer: “Singling out rape in this way, ministers are sending a negative signal about women and those who accuse men of rape.”

The anonymity proposal became Lib Dem party policy in 2006 after a number of cases in which celebrities were named in newspapers over allegations of sexual assault, even though in some cases they were not charged and the complainant was found to be malicious.

The 1976 Labour government introduced anonymity for defendants – only for the measure to be repealed 12 years later under the Tories.

A review of the law earlier this year warned there needed to be a proper examination of the wider issues.

There is no anonymity for defendants in Scotland and Northern Ireland.

Source http://www.bbc.co.uk/news/uk-politics-10760239

See earlier postings about this issue

Comments

Comments are closed.