The Trial Of Rape Cases - 1940 Words

Over the years there has been much controversy on the idea of defendants being kept anonymous during the trial of rape cases. This essay will be discussing the history of rape trials, including the Heilbron report and the Sexual offences (amendments) act 1976, section 4 and 6. There will be recent cases that bring to light different sides of the anonymity debate and will be used in the conclusion of this essay. The idea of anonymity in rape cases began in 1975, when Mrs. Justice Rose Heilbron (the Heilbron Committee) was asked to look into the issue of rape and write a report, creating an overview of the need for anonymity for defendants (Whiston. R, 2011) .The Heilbron Committee felt that fear of publicity by the complainant was getting†¦show more content†¦The Sexual offences act 1976 was put in place to ‘prohibit the publication and broadcasting of a name, and of any other material likely to lead to the identification of, a woman as a complainant in a rape case after a person has been accused of the offence.’ (Adler. Z, 1987) .The sexual offences (amendments) act in 1976 brought anonymity, not only to complainants in section 4 but also defendants in section 6, against the recommendations of the Heilbron Committee. Complainants were given anonymity to persuade any other victims to come forward and they would feel safe in doing so. Furthermore victims would feel safer , knowing that if there was not enough evidence to convict the defendant they will not try to seek revenge on the complainant or repeat the offence, as he would not know who it is. If a name is mentioned in the press it opens up the world of the victim (and also the defendant), reporters delve into their background and personal life, as seen in one specific case in this article. As soon as complainants’ names are mentioned, there life becomes news and they are subjected to