Editorial: An unproven case for anonymity

Share
Related Topics

The ways in which the legal system deals with accusations of rape are rightly a sensitive area. The crime is one that still carries a unique stigma for the victim, conviction rates are woefully low, and too many liken their experience of the criminal justice process to being raped all over again.

It was into such a maelstrom that Maura McGowan stepped, last weekend. The chairwoman of the UK Bar Council proposed that suspects accused of sexual crimes should remain anonymous – just as complainants are – until such time as they are convicted.

The deputy High Court judge's suggestion cannot be dismissed out of hand. After all, an accusation of rape also carries considerable disgrace, and even an acquittal cannot necessarily shift it.

There is also the question of equality to consider; different treatment of the complainant and the suspect raises issues for a fair legal system. Indeed, some suggest that such a disparity can prejudice the trial, by implicitly undermining the character of the accused.

To acknowledge that the arguments are complex does not obviate the need to choose between them, however. And the case for retaining the current system is manifestly the stronger.

As it is, barely more than one in 10 incidents of sexual assault is reported to the police, mostly due to shame and fears of not being believed. Another swathe of accusations never make it to trial, and fewer still secure a conviction. Any move which throws up even higher hurdles is difficult to justify. One that comes with the implicit suggestion that women lie about rape – when, in fact, the proportion is infinitesimal – is even more so.

Among the many lessons of the Savile scandal, the need for better information-sharing about sexual crime was one of the most compelling. To allow suspects to hide their identities can only be a step in the wrong direction. The existing system – imperfect as it is – is still the best option.

React Now

Latest stories from i100
iJobs Job Widget
iJobs General

Recruitment Genius: Experienced Special Needs Support Worker

£12 - £14 per hour: Recruitment Genius: We are looking for someone to join a s...

Recruitment Genius: Content Assistant / Copywriter

£15310 per annum: Recruitment Genius: An exciting opportunity has arisen for a...

Recruitment Genius: Sewing Technician

£15000 per annum: Recruitment Genius: This market leader in Medical Devices is...

Recruitment Genius: Operations Manager

£24000 - £25000 per annum: Recruitment Genius: Situated in the heart of Bradfo...

Day In a Page

Read Next
 

Lily-Rose Depp is not 'all grown up' - she is a 15 year old girl who should not be modelling for an adult fashion magazine

Harriet Williamson
 

If I were Prime Mininster: I would legislate for abortion on demand and abolish VAT on sanitary products

Caroline Criado-Perez
Not even the 'putrid throat' could stop the Ross Poldark swoon-fest'

Not even the 'putrid throat' could stop the Ross Poldark swoon-fest'

How a costume drama became a Sunday night staple
Miliband promises no stamp duty for first-time buyers as he pushes Tories on housing

Miliband promises no stamp duty for first-time buyers

Labour leader pushes Tories on housing
Aviation history is littered with grand failures - from the the Bristol Brabazon to Concorde - but what went wrong with the SuperJumbo?

Aviation history is littered with grand failures

But what went wrong with the SuperJumbo?
Fear of Putin, Islamists and immigration is giving rise to a new generation of Soviet-style 'iron curtains' right across Europe

Fortress Europe?

Fear of Putin, Islamists and immigration is giving rise to a new generation of 'iron curtains'
Never mind what you're wearing, it's what you're reclining on

Never mind what you're wearing

It's what you're reclining on that matters
General Election 2015: Chuka Umunna on the benefits of immigration, humility – and his leader Ed Miliband

Chuka Umunna: A virus of racism runs through Ukip

The shadow business secretary on the benefits of immigration, humility – and his leader Ed Miliband
Yemen crisis: This exotic war will soon become Europe's problem

Yemen's exotic war will soon affect Europe

Terrorism and boatloads of desperate migrants will be the outcome of the Saudi air campaign, says Patrick Cockburn
Marginal Streets project aims to document voters in the run-up to the General Election

Marginal Streets project documents voters

Independent photographers Joseph Fox and Orlando Gili are uploading two portraits of constituents to their website for each day of the campaign
Game of Thrones: Visit the real-life kingdom of Westeros to see where violent history ends and telly tourism begins

The real-life kingdom of Westeros

Is there something a little uncomfortable about Game of Thrones shooting in Northern Ireland?
How to survive a social-media mauling, by the tough women of Twitter

How to survive a Twitter mauling

Mary Beard, Caroline Criado-Perez, Louise Mensch, Bunny La Roche and Courtney Barrasford reveal how to trounce the trolls
Gallipoli centenary: At dawn, the young remember the young who perished in one of the First World War's bloodiest battles

At dawn, the young remember the young

A century ago, soldiers of the Empire – many no more than boys – spilt on to Gallipoli’s beaches. On this 100th Anzac Day, there are personal, poetic tributes to their sacrifice
Dissent is slowly building against the billions spent on presidential campaigns – even among politicians themselves

Follow the money as never before

Dissent is slowly building against the billions spent on presidential campaigns – even among politicians themselves, reports Rupert Cornwell
Samuel West interview: The actor and director on austerity, unionisation, and not mentioning his famous parents

Samuel West interview

The actor and director on austerity, unionisation, and not mentioning his famous parents
General Election 2015: Imagine if the leading political parties were fashion labels

Imagine if the leading political parties were fashion labels

Fashion editor, Alexander Fury, on what the leaders' appearances tell us about them
Phumzile Mlambo-Ngcuka: Home can be the unsafest place for women

Phumzile Mlambo-Ngcuka: Home can be the unsafest place for women

The architect of the HeForShe movement and head of UN Women on the world's failure to combat domestic violence