Thursday, 12 September 2013

The hypocrisy of calling for anonymity for rape defendants

TW for rape and rape apolgism

I don’t know how many more times I can write this blogpost.

But, unsurprisingly, the not guilty verdict in the Michael LeVell trial has led to more calls across the media to introduce anonymity for rape defendants. From Philip Schofield’s tweet to this frankly disturbing Peter Lloyd piece in the Mail, those who believe that those accused of rape should be afforded the same protection as victims of rape are out in force.

The formula is the same. A man’s life has been ‘trashed’ because – in their belief – a woman ‘lied’. His reputation is in ‘tatters’. In this case it’s the reports of drinking and extra-marital affairs that are the problem. The logic goes that if this girl had not made a rape complaint, no one would know about the affairs and therefore all rape defendants should have anonymity.

The hypocrisy of the press in this matter is astounding.

It’s the press that gleefully reveals the embarrassing personal details such as affairs and drinking, and then use the fact that this embarrassing information is out there as a reason to re-open the debate for anonymity  for rape defendants. In the run up to the trial I saw gleeful headline after gleeful headline on the tabloids in my corner shop on alcoholism and affairs - the very stories that are now seen as reason to change the law in favour of men accused of rape.

As Glosswatch  says in her superb blog, we don’t know what the motivations of his accuser were. But we know what the motives of the press were in reporting his affairs and drinking. And it wasn’t motivated by showing solidarity to the rape complainant, but a prurient delight in celeb bad behaviour.

I’ve said it before and I’ll say it again. It isn’t rape survivors or rape crisis centres of feminists campaigning against violence against women that are ‘dragging a man’s name through the mud’. We just want to encourage victims and survivors to feel safe and supported and for victims and survivors to have access to justice. And part of that involves naming defendants.

Despite the views expressed across the press today, and the increasing results of public polls on the issue, naming rape defendants works in the interests of open justice. It improves justice for victims and survivors. It simply does. The academic research bears it out – with research from Professor Clare McGlynn  published in the Criminal Law Review making a comprehensive case for why naming defendants supports justice and encourages convictions for rape.

In her concluding comments, Professor McGlynn writes:

‘First, there is no justification for singling out the offence of rape for special treatment. There are many stigmatic crimes: indeed that is one of the reasons for labelling an activity criminal. Secondly, while parts of the media may be irresponsible, this alone cannot justify limits on media freedom which may impinge on its ability to report issues of public interest and attempts to catch the public’s attention. Similarly, and thirdly, it may be that the difference between suspicion and guilt are not as apparent as they should be to some people. But this does not include all people, and it would be dangerous indeed if public debate could only proceed at the level of the least able. There is, therefore, no basis on which to single out the offence of rape. The final lesson, and perhaps the most important conceptual message to be drawn from the analysis in this article, is that privacy rights, the mainstay of justifications for reform, are generally not accorded greater weight than freedom of expression, when open justice and media freedom come into play. If the media are to be able to report matters of important public interest, such as rape cases, the choice of method of doing so, often likely to include the personal details of a defendant, is an important element of media freedom and open justice.

It isn’t just academics. Police and legal experts are also of the belief that anonymity for defendants will impact on justice for victims and survivors. Responding to the Stuart Hall case, Lancashire Police confirmed that naming the suspect helped survivors to come forward, leading to his conviction.

The cases like Stuart Hall’s bear out the argument for naming defendants over and over again. Rochdale, Worboys, Gordon Rideout are all cases where naming the defendant(s) has encouraged survivors to come forward, report and secure convictions. Without the ability to name these defendants, without women seeing the reports and feeling that finally, they are able to come forward, these men probably wouldn’t have been convicted. We all know, after all, how often the police knocked back women reporting Worboys, delaying justice as he continued to rape. How often the girls in Rochdale were ignored.

And I’m sure we can all agree that we are glad these serial rapists have been convicted and put into prison. I’m sure we can all agree that we would not have wanted anonymity for rape defendants in those cases – anonymity that may have prevented the cases progressing. And yet this is what those calling for anonymity are leading us towards.

But unfortunately it doesn’t matter how much research you quote, how many case studies you give and how many experts you refer to – the belief that anonymity for defendants is necessary sticks. Why? Well, the argument against naming defendants lies in the belief that a rape accusation ruins lives. But it is something else too. It is the belief that has developed that somehow false accusations are equal to being raped, and that false accusations are common. We know the latter isn’t true and in fact false accusations of rape are rarer than false accusations of other crimes. And, let’s face the facts. Being accused of rape is not the same as being raped.

Rape can ruin lives. It does ruin lives. It can lead to depression, PTSD, it can leave women with STDs that impact their physical health or their fertility. The impact of rape is far reaching, and can go on for years. Each woman or girl will respond differently to the violence committed against her and not everyone will feel the same long-term impact. But the fact is rape isn’t just a one occasion thing that happens and then is done with. And it is astoundingly, terribly common. The BCS estimates there are between 60,000 and 90,000 rapes in the UK every year. That’s 60,000 to 90,000 people every year who are living with the devastating impact of rape.

It simply is not equal to false accusations of rape. It certainly is not equal to being accused of rape. And let’s remember that most men who are accused of rape actually committed the crime. In fact, for the handful of cases that make it to court, 63% of defendants are found guilty (the conviction rate from incident to guilty remains at 6.5%).

Of course I know that to be falsely accused of rape can ruin lives too and I appreciate that. But – and there is a but – we only have to look at our popular culture that celebrates, lauds, welcomes and supports men who have been found guilty of rape or domestic abuse to know that men who abuse women aren’t automatically placed beyond the pale. It’s embarrassing just how much our culture is happy to boost convicted rapists and abusers, whilst hounding and attacking their victims.

The calls for anonymity ignore the reality of what rape is. It places making a rape complaint on the same level as being raped – suggesting that one is as damaging as the other. It argues that rape defendants are victims too, victims of women who have a legal right to make a rape complaint. They’re not. They are defendants. They have been accused of rape. They are not victims.

The calls for anonymity ignore the overwhelming and repeated evidence that naming defendants is good for justice. And that is what matters in the end. Justice. There is no convincing argument out there that supports anonymity for rape defendants. There isn’t. Each one of the arguments ignores the rights of victims and survivors and the voices of victims and survivors. And that isn’t good enough.

Rape crisis helpline: 0808 802 9999

5 comments:

Jim Wiz said...

There is another side to anonymity for defendants that always gets overlooked, maybe because it's a little conspiracy theorist but nevertheless… offering defendants anonymity allows the authorities to arrest people anonymously.

Think about that for a second.

Do we really want to go there?

neurodrooling said...

Agree that rape case defendants in general are not entitled to anonymity.

Less certain about child sex abuse cases as the defendant can be subject to pretty serious vigilantism (even child pornography defendants are routinely forced out of their homes here in Australia) and often the accusation is not made by alleged victims at all but by police, forensic scientists, psychologists or social workers (remember the 'Satanic ritual abuse' of the 80s and 90s?).

Anonymous said...

As a mother whose son has been falsely accused I can tell you first hand how devastating and life changing it is to be accused of such a horrendous crime.
While the complainant in our case has repeatedly spoken on social networking sites about the case disclosing my sons name she is protected by the anonymity order.
My personal opinion is that anonymity should be afforded to both sides until conviction, this affords the court system to test the evidence on both sides, leaving innocent defendants characters untarnished following a false allegation.
Anonymity should be revoked IF the complainant chooses to disclose her name & that of the person accused.
Very little is documented to highlight the plight of the falsely accused, the horrific way in which the police behave & how based on one persons word your life is left in tatters regardless of outcome.
No evidence is required in order to charge & convict somebody
Impartial investigations are carried out by the police, a case is built against you regardless of evidence provided to show allegation did not happen.
While I accept everyone is entitled to their opinion please don't undermine the plight of the falsely accused.

Kathy Steinemann said...

Murderers, burglars, rapists, child molesters ... They have all committed crimes and they should all be treated alike. If they're worried about retaliation, they shouldn't commit the crimes in the first place.

TB said...

Kathy,
you are kind of missing the point there. The point is you should not have details of the accused unless they have been found guilty. Your saying they shouldnt have commited the crimes in the first place, so you are assuming that everyone that climbs in the dock is in fact guilty. that's a ridiculous notion.
I agree with the anonymous comment above. Try being falsely accused of such a heinous crime and the repercussions, and THEN tell us that every crime should be treated alike.