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People accused of sexual assault should have anonymity unless convicted - report

People accused of sexual assault should be entitled to anonymity unless and until they're convict...
Stephen McNeice
Stephen McNeice

06.58 6 Aug 2020


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People accused of sexual assau...

People accused of sexual assault should have anonymity unless convicted - report

Stephen McNeice
Stephen McNeice

06.58 6 Aug 2020


Share this article


People accused of sexual assault should be entitled to anonymity unless and until they're convicted, according to a new report.

While that is currently the case for rape offences, the report is recommending it becomes the case in all trials for sexual assault offences.

It says that anyone convicted may then be named, unless it leads to the victim also being identified.

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The report also recommends that every victim of sexual crime should be entitled to free legal advice if they would like it.

They're among dozens of recommendations in the new report from a working group led by barrister Tom O'Malley, which looks at protections given to vulnerable witnesses during investigations into sexual offences.

The group was established in the wake of the high-profile trial in Belfast in 2018, which saw rugby players Paddy Jackson and Stuart Olding acquitted of rape.

The group's report recommends the establishment of preliminary trial hearings in a bid to reduce delays in the overall trial process.

It says delays to trials can be "very upsetting and stressful" for witnesses and victims, so a preliminary process would work towards ensuring a trial begins on a scheduled date.

In terms of free legal advice, the report states: "Victims are always free to seek legal advice privately, assuming they can afford to do so.

"As a matter of fairness, however, all victims should be in a position to seek and obtain appropriate legal advice, irrespective of means."

Currently, all victims in trials for sexual assault offences are entitled to anonymity - and the report says that should remain the case, irrespective of the trial's outcome.

It also says current rules should be reviewed to make sure they cover details of trials being published on social media.

Government response

In a statement, Justice Minister Helen McEntee said work would now get underway on a plan to examine and implement the recommendations.

She said: "I want the victims of sexual crimes to know that they will be listened to, that they will be treated with respect and dignity, and that they will be supported throughout the process.

"And I want the perpetrators of such crimes to know that the crime they commit will be reported, will be investigated and will be prosecuted to the fullest extent of the law.

"I want to ensure that the victims of sexual violence have the correct supports.

"That means access to their own independent legal advice or support, if they need it, someone who can be with them and explain the process and advise them throughout the process, not only while the trial is underway as is currently the case."

Main image: File photo. Picture by: Sasko Lazarov / RollingNews.ie

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