HC Deb 28 January 1991 vol 184 c373W
Mr. Carrington

To ask the Attorney-General what powers are available to the prosecuting authorities where the anonymity of a victim of marital rape is prejudiced as a result of publication or broadcast of the name of the accused.

The Attorney-General

Under section 4 of the Sexual Offences (Amendment) Act 1976, as amended by section 158 of the Criminal Justice Act 1988, after a person is accused of a rape offence it is an offence to publish or broadcast matter likely to lead members of the public to identify a woman as the complainant in relation to that accusation. The publication or broadcast of the name of a husband accused of raping his wife is likely in particular cases to lead to the identification of the complainant. The prohibition applies during the whole of the woman's lifetime, unless the courts make a specific direction to the contrary. It is a defence that the woman has given written consent for the matter to appear, but the defence is not available if any person has unreasonably interfered with her peace or comfort with intent to obtain the consent. The maximum penalty is a £2,000 fine.