Anonymity - Sexual and other Offences

• What the law says

  Section 1 of the Sexual Offences (Amendment) Act 1992 says that after an allegation of a sexual or human trafficking offence is made no matter relating to that victim/alleged victim shall, during his/her lifetime, be included in any publication if it is likely to lead members of the public to identify him/her as the victim/alleged victim of the offence.
• Jigsaw identification

  Jigsaw identification is caused by a combination of published detail, must be avoided.

  A report will break the law if it includes any detail 'likely to lead members of the public to identify that person as the person against whom the offence is alleged to have been committed'.

  There is a danger of jigsaw identification particularly when several media organisations are covering a case of alleged sex abuse within a family.
• Penalties for victims

  For any form of publication, it is any person publishing it, the punishment for those convicted of breach is a fine unlimited by statute and given compensation to victim.
• Exceptions to anonymity

  A criminal court due to try someone for a sexual, trafficking, FGM, or forced marriage offence can remove an alleged victim's anonymity if it is satisfied that otherwise the accused person's defence at the trial would be 'substantially prejudiced'.

  Under the 1992 Act, the judge or a magistrate at a trial of a sexual or trafficking offence can lift the alleged victim's anonymity if satisfied that it would impose a substantial and unreasonable restriction on the reporting of proceedings, at the trial, and that is in the public interest to remove or relax the restriction.

  People alleged to have falsely claimed to police that they have been victims of an offence may be charged with wasting police time, or perjury, or perverting the course of justice.
• Waiving anonymity

  A victim/alleged victim who is aged 16 or over can waive the anonymity by giving a media organisation written consent to being identified.
• Rules on naming rapist

  No anonymity for perpetrator.

  Unless it could lead to the identification of victim.

  It is up to the reporter to find a way of reporting the story effectively and ethically.
• FGM

  Schedule 1 of the Female Genital Mutilation Act 2003 makes it an offence to publish anything likely to lead members of the public to identify someone as a victim/alleged victim of a female genital mutilation (FGM) offence in that person's lifetime.
• Human trafficking and modern slavery

  The Modern Slavery Act 2015 was created to clarify and consolidate the law on slavery, forced labour and human trafficking, and to increase the penalties for such offences.

  The 2015 Act amended section 1 of the Sexual Offences (Amendment) Act 1992 so that the lifelong automatic anonymity given to victims/alleged victims of sexual offences now covers to victims/alleged victims of 'human trafficking for exploitation' offences in section 2 of the 2015 Act or for domestic servitude.