Text of the Sexual Offences (Amendment) Act 1992 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.
The Act provides for the lifelong anonymity of the victims and alleged victims of sexual offences, by prohibiting the publishing or broadcast of their identity, or information that might make their identity apparent, including their address or picture.
Section 1 of the Act establishes the prohibition. Section 2 sets out the sexual offences covered, and has been amended since, including due to the wholesale redefinition of sexual offences in England and Wales by the Sexual Offences Act 2003. Section 3 allows judges to waive anonymity on application from defendants and appellants if this is needed to help witnesses come forward or to avoid prejudicing their case, or if it is in the public interest.[2] This provision is very rarely used, though some victims waive their own anonymity to talk publicly about their cases.[3]
The Act was passed to address perceived deficiencies in an earlier and weaker form of identity protection for victims in cases of rape only, which had been established by the Sexual Offences (Amendment) Act 1976.[4] Convictions under the Act, generally resulting in fines, occur with some frequency, especially in high-profile cases where members of the public less familiar with the law than the press or broadcast media name accusers on social media,[5] though charges are also brought against professional journalists.[6][3] In some cases, such as where abuse has taken place within a family, the media may be unable to report the name of the offender, because this combined with details of the offence may indirectly reveal the identity of the victim.[3]
Application to Scotlandedit
While the 1992 Act does apply in Scotland, prohibiting Scottish publishers from identifying complainants in sexual offence prosecutions which take place in England, Wales or Northern Ireland, it does not apply to sexual offence prosecutions which take in Scottish courts.[7] While there is a media convention that Scottish complainers are not identified, doing so is not currently prohibited by law unless an order is made imposing reporting restrictions under section 11 of the Contempt of Court Act 1981.[8]
Referencesedit
^The Sexual Offences (Amendment) Act 1992 (Commencement) Order 1992
^ abcVale, Jo (15 March 2016). "Law column: Anonymity for victims of sexual offences reaffirmed". HoldtheFrontPage. Retrieved 18 January 2019.
^"Sexual Offences Act 1992". University of Kent. Retrieved 17 January 2019.
^Harris, Lyndon (21 June 2013). "Anonymity for complainants in sex cases". UK Criminal Law Blog. Retrieved 17 January 2019.
^Parveen, Nazia (17 January 2019). "BBC executive on trial after Rotherham sex abuse victim's name revealed". The Guardian. Retrieved 17 January 2019.
^Tickell, Andrew (30 September 2020). "Why don't sexual offence complainers have a right to anonymity in Scotland?". Edinburgh Law Review. 24 (3): 427–434. doi:10.3366/elr.2020.0658. ISSN 1364-9809.
The full text of Sexual Offences (Amendment) Act 1992 at Wikisource
The Sexual Offences (Amendment) Act 1992, as amended, from the National Archives
The Sexual Offences (Amendment) Act 1992, as originally enacted
March 17, 2024
sexual, offences, amendment, 1992, parliament, united, kingdom, parliamentparliament, united, kingdomlong, titlean, make, provision, with, respect, anonymity, connection, with, allegations, criminal, proceedings, relating, certain, sexual, offences, citation19. The Sexual Offences Amendment Act 1992 c 34 is an Act of the Parliament of the United Kingdom Sexual Offences Amendment Act 1992Act of ParliamentParliament of the United KingdomLong titleAn Act to make provision with respect to anonymity in connection with allegations of and criminal proceedings relating to certain sexual offences Citation1992 c 34Territorial extent United KingdomDatesRoyal assent16 March 1992Commencement1 August 1992 1 Other legislationAmendsSexual Offences ActStatus AmendedText of statute as originally enactedText of the Sexual Offences Amendment Act 1992 as in force today including any amendments within the United Kingdom from legislation gov uk The Act provides for the lifelong anonymity of the victims and alleged victims of sexual offences by prohibiting the publishing or broadcast of their identity or information that might make their identity apparent including their address or picture Contents 1 Contents 2 Application to Scotland 3 References 4 External linksContents editSection 1 of the Act establishes the prohibition Section 2 sets out the sexual offences covered and has been amended since including due to the wholesale redefinition of sexual offences in England and Wales by the Sexual Offences Act 2003 Section 3 allows judges to waive anonymity on application from defendants and appellants if this is needed to help witnesses come forward or to avoid prejudicing their case or if it is in the public interest 2 This provision is very rarely used though some victims waive their own anonymity to talk publicly about their cases 3 The Act was passed to address perceived deficiencies in an earlier and weaker form of identity protection for victims in cases of rape only which had been established by the Sexual Offences Amendment Act 1976 4 Convictions under the Act generally resulting in fines occur with some frequency especially in high profile cases where members of the public less familiar with the law than the press or broadcast media name accusers on social media 5 though charges are also brought against professional journalists 6 3 In some cases such as where abuse has taken place within a family the media may be unable to report the name of the offender because this combined with details of the offence may indirectly reveal the identity of the victim 3 Application to Scotland editWhile the 1992 Act does apply in Scotland prohibiting Scottish publishers from identifying complainants in sexual offence prosecutions which take place in England Wales or Northern Ireland it does not apply to sexual offence prosecutions which take in Scottish courts 7 While there is a media convention that Scottish complainers are not identified doing so is not currently prohibited by law unless an order is made imposing reporting restrictions under section 11 of the Contempt of Court Act 1981 8 References edit The Sexual Offences Amendment Act 1992 Commencement Order 1992 S 1 3 as enacted a b c Vale Jo 15 March 2016 Law column Anonymity for victims of sexual offences reaffirmed HoldtheFrontPage Retrieved 18 January 2019 Sexual Offences Act 1992 University of Kent Retrieved 17 January 2019 Harris Lyndon 21 June 2013 Anonymity for complainants in sex cases UK Criminal Law Blog Retrieved 17 January 2019 Parveen Nazia 17 January 2019 BBC executive on trial after Rotherham sex abuse victim s name revealed The Guardian Retrieved 17 January 2019 Tickell Andrew 30 September 2020 Why don t sexual offence complainers have a right to anonymity in Scotland Edinburgh Law Review 24 3 427 434 doi 10 3366 elr 2020 0658 ISSN 1364 9809 HM Advocate v Murray 2021 HCJ 2 PDF Scottish Courts and Tribunals Service External links edit nbsp The full text of Sexual Offences Amendment Act 1992 at Wikisource The Sexual Offences Amendment Act 1992 as amended from the National Archives The Sexual Offences Amendment Act 1992 as originally enacted Retrieved from https en wikipedia org w index php title Sexual Offences Amendment Act 1992 amp oldid 1157238019, wikipedia, wiki, book, books, library,
