Rape: Trials

(asked on 19th July 2021) - View Source

Question to the Ministry of Justice:

To ask the Secretary of State for Justice, if he will list the circumstances in which the name of the victim of an alleged rape may not be disclosed to the defendant.


Answered by
Kit Malthouse Portrait
Kit Malthouse
This question was answered on 27th July 2021

The disclosure of a victim’s name to a defendant charged with a criminal offence is a fundamental aspect of ensuring the defendant can prepare a defence at court and thus receives a fair trial.

The one circumstance in which the name of the victim of an alleged rape would not be disclosed to the defendant during proceedings in a criminal court would be if, following an application by the CPS, the court made a witness anonymity order under section 88 of the Coroners and Justice Act 2009 in respect of the victim who was due to give evidence in the case and whose name had not already been disclosed during the investigation or earlier stages of the proceedings. The court must apply a number of stringent tests before granting such an order. These include that the proposed order is necessary, that it is in the interests of justice that the witness should testify and, having regard to all the circumstances, the effects of making the order would be consistent with the defendant receiving a fair trial.

Victims of rape are currently granted lifetime anonymity under the Sexual Offences (Amendment) Act 1992 and although this does not include anonymity from the defendant, publishing details of the victim, such as their name, address, place of education or work, is a criminal offence.

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