Sexual Offences: Anonymity for Defendants (Hansard, 22 June 1995)

§ The Minister of State, Home Office (Baroness Blatch)
My Lords, we have no plans to do so. We believe that the present law, which affords anonymity for complainants in sexual offence cases but offers no special protection for defendants, strikes a balance between the principle of open justice and the need to ensure that victims of sexual offences are encouraged to come forward.

§ Lord Ashley of Stoke
My Lords, I am sure that the Minister appreciates the complexity of the issue. However, is she aware that it is simply not true that the acquittal of men charged with rape leads to the public vindication of them because of the overwhelming and often prurient publicity which scorches the lives of anyone named in a rape case whether he is innocent or guilty? While I am glad that the Minister mentioned anonymity for women, which is most important because of the unique nature of rape and the media's obsession with it, nevertheless, should not the same consideration be given to men? Otherwise they are being treated very unfairly indeed.

§ Baroness Blatch
My Lords, I agree with the noble Lord in that, first, it is indeed a very complex matter; and, secondly, that I have much sympathy with some of the points made by him. However, I hope that he will agree that it is the balance that has to be struck between open justice and encouraging people to come forward who are complainants. Moreover, the Criminal Law Revision Committee, and others, have found it very difficult to conclude that there should be a separate and distinctive protection for sexual offences as opposed to all other crimes.

§ Lord Hailsham of Saint Marylebone
My Lords, would it not be an absolute absurdity to accord anonymity to defendants in sexual cases but to withhold it from cases of murder, high treason, cruelty to animals, physical assaults on women not involving sex, physical assaults on children, attempted murder and much more serious offences? Is there absolutely any justification for that form of discrimination in logic?

§ Baroness Blatch
My Lords, my noble and learned friend, in his inimitable style, has actually put the case for 402 me. It is precisely because of the very points put by my noble and learned friend that the conclusion was reached that a distinction should not be made in this case.

§ Lord McIntosh of Haringey
My Lords, we all agree that this is a very complex situation and one for which there is no simple, right answer. However, I am puzzled by what the Minister said about victims coming forward. Will the Minister agree with me that the most important consideration in rape cases is that victims should be able to come forward without excessive suffering or discrimination against themselves? Why does the Minister think that anonymity—which I am not necessarily supporting for the defendants—should discourage victims from coming forward?

§ Baroness Blatch
No, my Lords; I am making the opposite point. I am saying that anonymity does in fact encourage them to come forward. But anonymity is afforded under the present system which we are supporting and which we are encouraging others to support. It is afforded to complainants in these cases; it is not afforded to the defendants.

§ Lord McIntosh of Haringey
My Lords, I was referring to anonymity for the defendants. Why should anonymity for the defendants discourage complainants from coming forward? I ask that question not from any view of my own, but in order to ascertain the Minister's view.

§ Baroness Blatch
No, my Lords; I was not making that argument. In terms of arguing against anonymity for a defendant, I was simply querying why we should make a distinction for sexual cases and not for all the other crimes mentioned by my noble and learned friend.

§ Lord Molloy
My Lords, will the Minister look at one simple aspect of the matter; namely, do we approve of the fact that people who are found innocent are not able to show that they are innocent and not shown by the powers of the press to be so? We hold that there is a great difference between being guilty and not guilty.

§ Baroness Blatch
My Lords, there is nothing clearer than a full acquittal. The system in this country means that, if someone is found innocent, then he is acquitted. That fact is very publicly made known to the press and, indeed, to all others.

§ Lord Stoddart of Swindon
My Lords, does the Minister understand—I am sure that she does—and realise that in cases of rape, as has already been pointed out, the press takes a great interest in such matters and, indeed, very often condemns the accused before the court case takes place? Even when the person has been found innocent, people still say, "Well, there is no smoke without fire". Further, are not the accused then in danger, because they have been named, of being the victims of spite in certain circumstances?

§ Baroness Blatch
My Lords, I am not going to defend the behaviour of the press, not only in cases of sexual crimes but also as regards other crimes. Indeed, many people are pilloried by the press to the point where, very often, the issue as to whether they get a fair trial is very 403 much in doubt. Sometimes cases have had to be dismissed simply because of the way in which the press has behaved prior to a case being heard.
I do not believe that that goes against my argument. It is very difficult—and wiser people than I have sat in judgment on the matter—to make a distinction between sexual offences and all other offences. If someone is accused of burglary, murder, violence, or whatever it might be, the same could apply.

§ Lord Ashley of Stoke
My Lords, is the Minister aware that I appreciate her responses although I do not agree with them? Is the noble Baroness further aware that if the concept of anonymity for men is so absurd then Parliament was absurd when it passed a Bill in 1976 to give anonymity to men? Therefore, there is very little substance in the charge that it is an absurd proposition, unless one wants to condemn Parliament for being absurd. It was changed only recently, as the Minister knows.
It is not the case that murder is highlighted in the press. Unfortunately, murder is not unique now. Rape is covered by the press and not murder. It was covered by the penny dreadfuls in the days when the noble and learned Lord, Lord Hailsham, was a boy, but not any more. However, as I said, rape is covered by the tabloids very regularly. That is why men who are named in rape cases suffer despite being found not guilty in a court of law. That is why the Government should go back to the old ruling passed previously by Parliament.

§ Baroness Blatch
My Lords, the history given by the noble Lord is absolutely right. But, again, following anonymity being given to both the complainant and the defendant, the Criminal Law Revision Committee considered the matter most carefully and recommended that anonymity should not be given to the defendant. At that time, the Government accepted that view and, so far, they have not changed their mind about it.