Defendant Anonymity

Debate between Baroness Blackwood of North Oxford and Meg Munn

Thursday 8th July 2010 Commons Chamber

[Nicola Blackwood]

I am merely trying to make the point that our culture ascribes greater disapprobation to sexual offences than it does to other offences—as some in this Chamber have claimed.

I have a constituent who was wrongly recorded as being a sex offender for 15 years before he discovered the error, and the distress that he has experienced has been extreme. Ironically, the very fact that conviction rates for rape are so very low and reoffending rates so famously high perpetuates this culture. When so many defendants are acquitted, there is a sense that it is not because they are innocent but because the system is so poor that it is letting off the guilty. There is a sense that even if they got off that time, the likelihood is that they will do it again and probably do something worse. That means that acquittal in sexual offence trials accords the defendant legal innocence, but does not necessarily accord them innocence in the court of public opinion—they may have lost that for ever.

[Meg Munn]

I apologise to the hon. Lady for not being in my place at the very start of her speech. Unfortunately, the situation she has just described reflects the fact that it is difficult to achieve a conviction in sexual offence cases. Some of those who have committed offences will be found not guilty because the case has not been proven.

[Nicola Blackwood]

I accept that, which is why we are in such a difficult position and why this debate is important.

In an age of tabloid journalism, the internet and social networking, the potential damage that such an allegation can cause has increased exponentially and it has become dramatically more difficult to contain. Let us not pretend that we always respond moderately to such allegations. Recently, a paediatrician was targeted because it was thought that she was a paedophile. I am unsure whether the granting of anonymity would be able to contain gossip-mongering and I would like to see that taken into consideration in the inquiry and the expert evidence over the summer. It is worth considering whether there is a way to provide some workable form of anonymity to those accused of all sexual offences in limited circumstances and for limited periods of time. As I say that, I am very conscious that we have heard some very learned contributions from many lawyers today. I am not a lawyer and I hope that hon. Members will bear with me as I try to articulate some of the areas that concern me.

Few of us on either side of this House would be comfortable with the suggestion that automatic anonymity should be granted for any point beyond charge. If proposals were to be made, I would be keen to see a framework that required judicial oversight after charge and a set of criteria that limited eligibility to exceptional circumstances, for example where the police do not consider the defendant a risk to others or if his ability to continue working or living in his community would be catastrophically affected. As has been mentioned, in 2003 the Home Affairs Committee recommended anonymity between allegation and charge, but I would point out that that was for all sexual offences, not just rape. It seems reasonable to offer anonymity for the first period, but I am not necessarily convinced about any period beyond that.

I am also concerned about the impact anonymity might have through additional bureaucracy, if individuals will have to fill in extra forms and go to court for a judgment, about a time lapse in charging, and about whether that will have an effect on fairness and conviction rates. I would welcome more specialised evidence, and I would feel reassured if the inquiry to which the Minister referred were to include significant, if not formal, consultation with those who work on the front line of support services for sexual offences victims. A great deal of concern has been expressed by some in my constituency, and it would be appreciated if they could be consulted.

I do not want to continue much longer, because there has been much debate already and most of the points have already been made. However, before being satisfied that defendant anonymity will be workable, I would want to know that other options for bringing multiple victims forward, such as publicising the modus operandi, would be just as effective as publicising identity. I would want to know that this anonymity would not prevent police from using artistic impressions or closed circuit television shots to hunt suspected criminals where appropriate. I would also want to know that in the labyrinth that is the prosecution of sexual offences, it is possible to produce workable legislation, the bureaucratic burden of which does not outweigh its value.

Most of all, however, I just want to be convinced of one thing: that introducing anonymity for these defendants will not make it harder to convict those who are guilty. I will not close my mind to the possibility that anonymity for sexual offence defendants might be a useful tool in our justice system, but it is wrong that those wrongly accused of rape should have their lives permanently destroyed. However, let us ensure that, in offering anonymity, we are not creating another wrong and setting back sexual offence legislation. Two wrongs do not make a right, and the road this far has been a long and hard one.