Rape Defendants (Anonymity)

Russell Brown Excerpts

Monday 7th June 2010 Commons Chamber

[Mr Blunt]

No.

Shortly before John Worboys’ trial, the police appealed, with the assistance of the media, for further victims to come forward. The appeal identified 70 to 85 further complainants—to use the right hon. Lady’s numbers; it is 81 according to the briefing that I have received—who recognised his modus operandi. However, none of those was central to his conviction as the police already had sufficient evidence, and had he been granted anonymity until conviction, it would still have been possible to identify those further complainants, and he would still have been convicted. So to understand the issues as perfectly as possible, if the right hon. Lady, and all those who have helped her to prepare, can identify cases where anonymity until conviction would have prevented an initial conviction being secured, I would be anxious to learn of them.

[Mr Russell Brown (Dumfries and Galloway) (Lab)]

Will the hon. Gentleman give way?

[Mr Blunt]

No, if the hon. Gentleman will forgive me.

If the right hon. Lady and others have further examples, it will come down to a question of balance. That is why we have said that we intend to reflect on the provisions carefully before we bring forward legislation.

Probably the most commonly encountered criticism is that defendant anonymity inhibits the reporting of criminal trials, but one might say the same of any anonymity for the parties to criminal proceedings, including complainant anonymity in rape cases and cases involving other sexual offences. The question is where the balance properly lies. We have no difficulty with full and robust reporting of defendants convicted of rape. That is entirely proper. But we believe that because the possibility of pre-emptive vilification of those accused of rape is so great, the stronger arguments are in favour of anonymity.

The related argument is sometimes made that defendants suspected of, or charged with, a wide range of offences may experience discomfort even if acquitted. For example, people working in the City—the right hon. Lady alluded to some of these points—and charged with fraud could also argue that they are likely to suffer fundamental reputational damage. That is true, but it overlooks the particular vulnerability of rape defendants to vilification to which I have already referred. It is that vulnerability, and the unique statutory anonymity for complainants, that distinguishes rape from other crimes.

Some people argue that defendant anonymity in rape cases would imply that the Government, and perhaps by extension the criminal justice system as a whole, felt that complainants were unreliable and so deter complainants from coming forward. I absolutely and robustly reject that argument, as did my right hon. Friend the Prime Minister during Prime Minister’s questions last week. The justification for defendant anonymity in rape cases is the stigma attached to an accusation of rape. It has nothing to do with the likelihood or otherwise of acquittal. There is no implied view in our proposals of the prevalence or otherwise of false allegations in rape cases.

In conclusion—