Rape, Defendant Anonymity and Evidence‐Based Policy Making

25 Pages Posted: 4 Jan 2013

See all articles by Philip Rumney

Philip Rumney

University of the West of England

Rachel Anne Fenton

affiliation not provided to SSRN

Date Written: January 2013

Abstract

In 2010, the Coalition government announced in its Programme for Government, that: ‘We will extend anonymity in rape cases to defendants.’ The question of anonymity for defendants accused of rape and other sexual offences, has been repeatedly raised in parliamentary debates over several decades, and has also received frequent attention in newspapers and, to a lesser extent, in academic and professional literature. The debate includes an array of factual claims and arguments that rest on weak empirical foundations. In November 2010, the Ministry of Justice published a report entitled: Providing Anonymity to those Accused of Rape: An Assessment of Evidence, which was intended to provide an evaluation of evidence that would inform the debate over defendant anonymity. This article critically examines this report and its discussion of key issues such as false rape allegations, and considers whether its conclusions can be relied upon by policy makers.

Keywords: False allegations, rape, defendant, anonymity, stigma

Suggested Citation

Rumney, Philip and Fenton, Rachel Anne, Rape, Defendant Anonymity and Evidence‐Based Policy Making (January 2013). The Modern Law Review, Vol. 76, Issue 1, pp. 109-133, 2013, Available at SSRN: https://ssrn.com/abstract=2196309 or http://dx.doi.org/10.1111/1468-2230.12004

Philip Rumney (Contact Author)

University of the West of England ( email )

Frenchay Campus
Coldharbour Lane
Bristol, BS16 1QY
United Kingdom

Rachel Anne Fenton

affiliation not provided to SSRN

No Address Available

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
2
Abstract Views
828
PlumX Metrics