Former Solicitor General Vera Baird makes a strong argument at Progress online against the proposal to grant anonymity to defendants in rape cases. She makes the important points that the coalition has actually made the case for this proposal yet (I noticed that equality minister Lynne Featherstone signally passed on the opportunity to do so on her blog) and that the fear of stigma applies not just to rape cases:

There is no argument in the coalition’s announcement. What surfaces from time to time is that being identified with a rape causes immediate stigma which is irremovable even by an acquittal. No problem being named as a baby batterer, paedophile, robber of the vulnerable or murderer and few argue for anonymity for those. It is only public exposure to rape charges that do damage. One should ask Colin Stagg, acquitted of the killing of Rachel Nickel some years ago, for his views on that.

She goes on,

Logically, either we continue to name all defendants, as we have done for centuries, intending that justice should be done publicly, or we launch a wide-ranging debate to consider changing the system to give anonymity to every defendant.

I’m not sure we name all defendants in fact: there are cases involving children where reporting is restricted. But the point is a valid one. I oppose granting anonymity to defendants in reporting of all criminal trials (as I understand they do in the Netherlands) but if we did, we ought to grant it to all defendants without distinction, in serious and minor cases and including for instance murder, terrorist offences, child porn offences, false accounting (in which case the MPs currently facing trial in relation to expenses claims would be protected) and road traffic offences. At least, the trial judge should have the same discretion in every case. Stigma does not just affect men acquitted of rape.

Finally she makes the excellent suggestion that general agreement could be reached on a proposal to secure anonymity for all defendants before they are charged but not thereafter. That I think is an idea worth considering. It might help avoid the most dangerous excesses of the tabloids when someone is arrested for a notorious crime, ensuring fair trials and safe convictions.

2010-06-01T12:41:51+00:00Tags: |