In reading these tweets by Jose Cansecoregarding an alleged sexual assault where he IDs the accuser, I wondered if it’s actually illegal to reveal the name of someone accusing you of rape or sexual assault or these rules are simply departmental policies specific to law enforcement and media organizations?
It’s my understanding that it is legal in the US, but not in the UK, although I can’t seem to find a cite for that.
So, hopefully someone smarter will be along soon.
Libel and slander laws are very different. AIUI, in the US, the burden is on the victim to prove malicious intent, but in the UK the burden is on the speaker to prove truth.
I don’t think that is the same question at all. Unless the OP isn’t wording it correctly. Usually when people say something is illegal they mean criminal. Slander is a tort but it is not a crime. You can get sued but not arrested.
In my state it is not illegal to reveal the names of victims. However, it is against the Attorney General guidlines for releasing information to the public. So it is against policy for the police to do it. There is nothing stopping private citizens from doing it. As a civil matter it slander and libel only come into play if it is not true and some harm can be proved. But none of that is criminal.
There are several court cases stating that making it illegal for the media to report the names of victims is unconstitutional. Many do not report the names as a matter of internal policy.
See Cox Broadcasting v Cohn, Florida Star v B.J.F. and State of Florida v Globe Communications Group.
In lay terms, it is the right of the accused to know the identity of their accuser, so no it is not illegal to name the person who was raped. Generally though the DA is not forthcoming of such information to parties not involved in the case unless presented with proper disclosure of information forms (i.e red tape). The press generally does not report the names of rape victims as a matter of their corporations policies, not because it is illegal to do so. To openly publish the names of rape victims is just plain old bad business.
That’s irrelevant, as the right to anonymity in England and Wales has nothing whatsoever to do with either libel or slander and everything to do with the fact that publishing the name of a complainant in a rape case is an offence under the 1976 Sexual Offences (Amendment) Act.
It can be in Canada. The Criminal Code provides that the Crown prosecutor has the power to give an assurance to a complainant in sexual assault cases that the complainant’s identity will not be published. If the Crown gives that assurance, then the courts will enforce it subsequently. Publishing the identity in breach of those orders is a criminal offence.