# Should those accused of rape be anonymous as well? **URL:** \ **Category:** Great Debates\ **Created:** [March 2, 2010, 5:05pm UTC](https://boards.straightdope.com/t/should-those-accused-of-rape-be-anonymous-as-well/531005 "2010-03-02T17:05:43Z")\ **Posts on this page:** 20\ **Page:** 2
**Author:** ![Diogenes\_the\_Cynic](https://avatars.discourse-cdn.com/v4/letter/d/e99b99/32.png) [@Diogenes\_the\_Cynic](https://boards.straightdope.com/u/Diogenes_the_Cynic)\ **Post date:** [March 2, 2010, 7:42pm UTC](https://boards.straightdope.com/t/should-those-accused-of-rape-be-anonymous-as-well/531005/21 "2010-03-02T19:42:50Z")
> [@Airman\_Doors\_USAF](#): > > You said that the consensus is that “all rape victims are lying sluts”. So, since it’s a consensus, it must have been said by the majority of participants in those threads. I’m only asking you to find one person that said that all rape victims are lying sluts. Should be easy. Look up any thread about rape. Then look up the definition of “hyperbole.” I’m not going to play this game anymore. ---
**Author:** ![Airman\_Doors\_USAF](https://avatars.discourse-cdn.com/v4/letter/a/e36b37/32.png) [@Airman\_Doors\_USAF](https://boards.straightdope.com/u/Airman_Doors_USAF)\ **Post date:** [March 2, 2010, 7:45pm UTC](https://boards.straightdope.com/t/should-those-accused-of-rape-be-anonymous-as-well/531005/22 "2010-03-02T19:45:10Z")
> [@Diogenes\_the\_Cynic](#): > > Look up any thread about rape. Then look up the definition of “hyperbole.” I’m not going to play this game anymore. You remember that the next time you deign to ask for a cite on anything from anybody. ---
**Author:** ![Kearsen](https://avatars.discourse-cdn.com/v4/letter/k/82dd89/32.png) [@Kearsen](https://boards.straightdope.com/u/Kearsen)\ **Post date:** [March 2, 2010, 7:45pm UTC](https://boards.straightdope.com/t/should-those-accused-of-rape-be-anonymous-as-well/531005/23 "2010-03-02T19:45:18Z")
> [@Diogenes\_the\_Cynic](#): > > It depends on the details. The public is capable of drawing conclusions based on actual evidence and not just charges or dispositions. You misunderstand. I am sure that given ALL the evidence or coverage (like the Duke Lacross team) the public will be able to. However, this isn’t always going to be the case. If the reports all come out and say who is accused of rape but coverage ends there… Well I’m sure you can fill in the blanks. ---
**Author:** ![Blaster\_Master](https://avatars.discourse-cdn.com/v4/letter/b/cab0a1/32.png) [@Blaster\_Master](https://boards.straightdope.com/u/Blaster_Master)\ **Post date:** [March 2, 2010, 7:48pm UTC](https://boards.straightdope.com/t/should-those-accused-of-rape-be-anonymous-as-well/531005/24 "2010-03-02T19:48:44Z")
The right to a public trial is an important constitutional right that is intended to minimize corruption and unfairness precisely because the public eye is there to keep it in check. Sure, I think it’s unfair when innocent people are accused of crimes they didn’t commit and it damages their reputation. However, like with any right, that’s the trade-off that’s made and, quite frankly, I think that if that’s the case, I’d rather be free of punishment but stuck with a stigma than severely punishing innocent people or letting violent criminals walk. That said, there probably should still be something done about it, but not by the legal system. What I’d rather see is the media be more responsible with their reporting and perhaps not making public issues out of these sorts of cases for the sake of ratings or readership. I’d also like to see us, as a society, not be so quick to judge people when the facts of the case aren’t at our disposal like they are for the jury. ---
**Author:** ![Deeg](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/deeg/32/2955_2.png) [@Deeg](https://boards.straightdope.com/u/Deeg)\ **Post date:** [March 2, 2010, 7:58pm UTC](https://boards.straightdope.com/t/should-those-accused-of-rape-be-anonymous-as-well/531005/25 "2010-03-02T19:58:04Z")
Public trials are a right of the defendant. Perhaps we could give the defendant the ability to waive that right. ---
**Author:** ![Valgard](https://avatars.discourse-cdn.com/v4/letter/v/7feea3/32.png) [@Valgard](https://boards.straightdope.com/u/Valgard)\ **Post date:** [March 2, 2010, 8:00pm UTC](https://boards.straightdope.com/t/should-those-accused-of-rape-be-anonymous-as-well/531005/26 "2010-03-02T20:00:39Z")
IIRC part of the reason (maybe even the primary reason) that the accused’s name is made public is to avoid secret arrests and trials. Thus the 6th amendment (IANAL and IANACLE) “Valgard was arrested for mopery and straight dopery” means that people know who has got me and roughly where I am (somewhere in the legal system). If that information isn’t publicly available then I could just disappear and my friends and family wouldn’t have a clue as to what happened and why I missed the family dinner. ---
**Author:** ![MitzeKatze](https://avatars.discourse-cdn.com/v4/letter/m/ad7895/32.png) [@MitzeKatze](https://boards.straightdope.com/u/MitzeKatze)\ **Post date:** [March 2, 2010, 8:05pm UTC](https://boards.straightdope.com/t/should-those-accused-of-rape-be-anonymous-as-well/531005/27 "2010-03-02T20:05:17Z")
> [@Diogenes\_the\_Cynic](#): > > They can’t keep it from the press. Freedom of the press is explicitly protected by the First Amendment. Constitutionally, they have a right to be in the courtroom and to report on it. There really isn’t any way to keep a trial from being publicized if that’s what the press wants to do. The courts are the government, the press is the people. The government can’t keep that information from the people. Of course. I never said otherwise. That is what I think should change. It shouldn’t go away of course, freedom of the press is quite important, but IMO the press should take it upon themselves to handle that freedom in a responsible manner, such as not publicly labeling individuals as criminals (or accused) until they have been found guilty. It is an ideal that I would like to see. ---
**Author:** ![billfish678](https://avatars.discourse-cdn.com/v4/letter/b/7bcc69/32.png) [@billfish678](https://boards.straightdope.com/u/billfish678)\ **Post date:** [March 2, 2010, 8:09pm UTC](https://boards.straightdope.com/t/should-those-accused-of-rape-be-anonymous-as-well/531005/28 "2010-03-02T20:09:07Z")
> [@Valgard](#): > > IIRC part of the reason (maybe even the primary reason) that the accused’s name is made public is to avoid secret arrests and trials. Thus the 6th amendment (IANAL and IANACLE) > > “Valgard was arrested for mopery and straight dopery” means that people know who has got me and roughly where I am (somewhere in the legal system). If that information isn’t publicly available then I could just disappear and my friends and family wouldn’t have a clue as to what happened and why I missed the family dinner. Thats easily solveable by allowing the accused to opt of secrecy if they so desire. ---
**Author:** ![billfish678](https://avatars.discourse-cdn.com/v4/letter/b/7bcc69/32.png) [@billfish678](https://boards.straightdope.com/u/billfish678)\ **Post date:** [March 2, 2010, 8:15pm UTC](https://boards.straightdope.com/t/should-those-accused-of-rape-be-anonymous-as-well/531005/29 "2010-03-02T20:15:39Z")
> [@Kearsen](#): > > Only because of the massive amount of press it got. Take away the coverage of the acquittal and see what kind of stigma gets attached… My idea for ages was this in terms of press coverage. The amount of press that a person got while being accussed…well, they get the SAME amount of press (or free advertising space written by the accused) once found innocent. Yeah, monkeys will fly outa my ass and warp drives will be common before that happens, but I think the idea has some validity if “secrecy” is your buggaboo. ---
**Author:** ![billfish678](https://avatars.discourse-cdn.com/v4/letter/b/7bcc69/32.png) [@billfish678](https://boards.straightdope.com/u/billfish678)\ **Post date:** [March 2, 2010, 8:17pm UTC](https://boards.straightdope.com/t/should-those-accused-of-rape-be-anonymous-as-well/531005/30 "2010-03-02T20:17:18Z")
> [@billfish678](#): > > Thats easily solveable by allowing the accused to opt out of secrecy if they so desire. Oh, and secrecy doesnt mean the press can’t come. It means they can’t report on it WHILE its happening. If some shady shit goes down, they can still blow the whistle after the fact. Okay, I fracked up this edit, but you get the idea ---
**Author:** ![YogSothoth](https://avatars.discourse-cdn.com/v4/letter/y/8edcca/32.png) [@YogSothoth](https://boards.straightdope.com/u/YogSothoth)\ **Post date:** [March 2, 2010, 8:19pm UTC](https://boards.straightdope.com/t/should-those-accused-of-rape-be-anonymous-as-well/531005/31 "2010-03-02T20:19:51Z")
> [@Contrapuntal](#): > > What anonymity do rape victims have, aside from what news outlets voluntary impose? > [@Jimmy\_Chitwood](#): > > Are you talking about legally, or voluntarily by news media? Excuse my ignorance on this part of the law. I was under the impression that like minors, rape victims and alleged victims get some kind of automatic protection by the law and media. I remember during the Bryant trial, his lawyer repeated her name like 3 times to the annoyance of the judge. It was implied that he could cite her for comtempt if she kept doing it. That would seem to me like there is some legal mechanism that prevents victims and alleged victims from having to be publically known. Also, the court cameras are often disabled or pointed away from victims during their testimony. Since those cameras are controlled by the court and not the news channels, it further reinforces my assumption that our legal system provides protection for them. If that I not true, then I would amend my thread to what I think should happen in the media as well, but that would be more difficult as they do things based on profit and sensationalism > [@Diogenes\_the\_Cynic](#): > > Too bad it’s unconstitutional. Trials are public record. I don’t feel sorry for rapists, anyway, nor do I buy into the local board consensus that all rape victims are lying sluts. > > Plus, you could make the same complaint about people accused of _any_ crime. Being falsely accused of murder or embezzlement could be just as damaging to a reputation. Why should rapists get special treatment. For the most part, I’m with you on the equal treatment. But would you have special laws protecting certain classes of people? Mob informants, children, or national security agents? Or do you think all trials should be completely public in all instances? ---
**Author:** ![Diogenes\_the\_Cynic](https://avatars.discourse-cdn.com/v4/letter/d/e99b99/32.png) [@Diogenes\_the\_Cynic](https://boards.straightdope.com/u/Diogenes_the_Cynic)\ **Post date:** [March 2, 2010, 8:28pm UTC](https://boards.straightdope.com/t/should-those-accused-of-rape-be-anonymous-as-well/531005/32 "2010-03-02T20:28:34Z")
> [@Deeg](#): > > Public trials are a right of the defendant. Perhaps we could give the defendant the ability to waive that right. They’re also the right of the public. The defendant can’t waive the right of the public. ---
**Author:** ![Diogenes\_the\_Cynic](https://avatars.discourse-cdn.com/v4/letter/d/e99b99/32.png) [@Diogenes\_the\_Cynic](https://boards.straightdope.com/u/Diogenes_the_Cynic)\ **Post date:** [March 2, 2010, 8:31pm UTC](https://boards.straightdope.com/t/should-those-accused-of-rape-be-anonymous-as-well/531005/33 "2010-03-02T20:31:01Z")
> [@MitzeKatze](#): > > Of course. I never said otherwise. That is what I think should change. It shouldn’t go away of course, freedom of the press is quite important, but IMO the press should take it upon themselves to handle that freedom in a responsible manner, such as not publicly labeling individuals as criminals (or accused) until they have been found guilty. It is an ideal that I would like to see. I don’t think I’ve ever really seen the press doing it. Non-journalists in the media do it ([cough]Bill O’Reilly,) but I’ve never seen the press reporting as fact that “X is guilty,” before a conviction. ---
**Author:** ![Diogenes\_the\_Cynic](https://avatars.discourse-cdn.com/v4/letter/d/e99b99/32.png) [@Diogenes\_the\_Cynic](https://boards.straightdope.com/u/Diogenes_the_Cynic)\ **Post date:** [March 2, 2010, 8:32pm UTC](https://boards.straightdope.com/t/should-those-accused-of-rape-be-anonymous-as-well/531005/34 "2010-03-02T20:32:04Z")
> [@billfish678](#): > > Thats easily solveable by allowing the accused to opt of secrecy if they so desire. You still have the right of the public to deal with. ---
**Author:** ![Diogenes\_the\_Cynic](https://avatars.discourse-cdn.com/v4/letter/d/e99b99/32.png) [@Diogenes\_the\_Cynic](https://boards.straightdope.com/u/Diogenes_the_Cynic)\ **Post date:** [March 2, 2010, 8:33pm UTC](https://boards.straightdope.com/t/should-those-accused-of-rape-be-anonymous-as-well/531005/35 "2010-03-02T20:33:06Z")
> [@billfish678](#): > > My idea for ages was this in terms of press coverage. > > The amount of press that a person got while being accussed…well, they get the SAME amount of press (or free advertising space written by the accused) once found innocent. > > Yeah, monkeys will fly outa my ass and warp drives will be common before that happens, but I think the idea has some validity if “secrecy” is your buggaboo. Violates freedom of the press. The government can’t tell the press what to print. ---
**Author:** ![Diogenes\_the\_Cynic](https://avatars.discourse-cdn.com/v4/letter/d/e99b99/32.png) [@Diogenes\_the\_Cynic](https://boards.straightdope.com/u/Diogenes_the_Cynic)\ **Post date:** [March 2, 2010, 8:34pm UTC](https://boards.straightdope.com/t/should-those-accused-of-rape-be-anonymous-as-well/531005/36 "2010-03-02T20:34:09Z")
> [@billfish678](#): > > Oh, and secrecy doesnt mean the press can’t come. It means they can’t report on it WHILE its happening. Yes they can. The Constitution says so. The government can’t stop them. ---
**Author:** ![billfish678](https://avatars.discourse-cdn.com/v4/letter/b/7bcc69/32.png) [@billfish678](https://boards.straightdope.com/u/billfish678)\ **Post date:** [March 2, 2010, 8:34pm UTC](https://boards.straightdope.com/t/should-those-accused-of-rape-be-anonymous-as-well/531005/37 "2010-03-02T20:34:10Z")
> [@Diogenes\_the\_Cynic](#): > > I don’t think I’ve ever really seen the press doing it. Non-journalists in the media do it ([cough]Bill O’Reilly,) but I’ve never seen the press reporting as fact that “X is guilty,” before a conviction. “X is accussed of Y” aint a hell of a lot better when it comes to the impression it gives to the teaming masses. ---
**Author:** ![Diogenes\_the\_Cynic](https://avatars.discourse-cdn.com/v4/letter/d/e99b99/32.png) [@Diogenes\_the\_Cynic](https://boards.straightdope.com/u/Diogenes_the_Cynic)\ **Post date:** [March 2, 2010, 8:35pm UTC](https://boards.straightdope.com/t/should-those-accused-of-rape-be-anonymous-as-well/531005/38 "2010-03-02T20:35:54Z")
> [@YogSosoth](#): > > Excuse my ignorance on this part of the law. I was under the impression that like minors, rape victims and alleged victims get some kind of automatic protection by the law and media. I remember during the Bryant trial, his lawyer repeated her name like 3 times to the annoyance of the judge. It was implied that he could cite her for comtempt if she kept doing it. That would seem to me like there is some legal mechanism that prevents victims and alleged victims from having to be publically known. Also, the court cameras are often disabled or pointed away from victims during their testimony. Since those cameras are controlled by the court and not the news channels, it further reinforces my assumption that our legal system provides protection for them. > > If that I not true, then I would amend my thread to what I think should happen in the media as well, but that would be more difficult as they do things based on profit and sensationalism > > For the most part, I’m with you on the equal treatment. But would you have special laws protecting certain classes of people? Mob informants, children, or national security agents? Or do you think all trials should be completely public in all instances? I think minors already have that protection. As to the rest, those don’t sound like defendants, they sound like witnesses. ---
**Author:** ![Diogenes\_the\_Cynic](https://avatars.discourse-cdn.com/v4/letter/d/e99b99/32.png) [@Diogenes\_the\_Cynic](https://boards.straightdope.com/u/Diogenes_the_Cynic)\ **Post date:** [March 2, 2010, 8:36pm UTC](https://boards.straightdope.com/t/should-those-accused-of-rape-be-anonymous-as-well/531005/39 "2010-03-02T20:36:58Z")
> [@billfish678](#): > > “X is accussed of Y” aint a hell of a lot better when it comes to the impression it gives to the teaming masses. That’s not the press’ problem. They are reporting a fact. ---
**Author:** ![billfish678](https://avatars.discourse-cdn.com/v4/letter/b/7bcc69/32.png) [@billfish678](https://boards.straightdope.com/u/billfish678)\ **Post date:** [March 2, 2010, 8:37pm UTC](https://boards.straightdope.com/t/should-those-accused-of-rape-be-anonymous-as-well/531005/40 "2010-03-02T20:37:56Z")
> [@Diogenes\_the\_Cynic](#): > > Yes they can. The Constitution says so. The government can’t stop them. Not this crap again. Does every “I think the law should be this way” debate have to devolve into “thats not the way the law works” shinola? The debate here is how SHOULD things work?, not how they DO. If you wanna argue why the constitution IS right in this regard, have at. Don’t just tell us “it is so and has always been” :rolleyes: [Previous page](https://boards.straightdope.com/t/should-those-accused-of-rape-be-anonymous-as-well/531005.md?page=1) [Next page](https://boards.straightdope.com/t/should-those-accused-of-rape-be-anonymous-as-well/531005.md?page=3)