A proposal to give sex case defendants anonymity until any conviction is a threat to open justice, an MHK has warned.

Under current law, the defendants in any court case, including rape and sex offences, can be named.

But a provision within the Sexual Offences and Obscene Publications Bill would introduce a rule that defendants in a rape or sexual offence case would have a right to anonymity unless and up until they are convicted.

On Tuesday, the bill was debated in the House of Keys and Daphne Caine (Garff) warned: ’Open justice, that citizens have taken for granted for centuries, of justice being seen to be done, is under threat here.’

Mrs Caine, a former journalist, said: ’The default position in rape and sexual offences from henceforth, if this law passes, will be no public reporting of any named individual by any media or members of the public during the trial, unless a judge is persuaded that naming the defendant is in the public interest.’

She argued it could lead to some proven crimes ending up unreported and set a precedent that would lead to anonymity provisions later being extended to defendants in murder trials and violence cases.

Under the bill, there is provision for the police to apply for a ban on naming a suspect to be lifted or for a judge to do so if they felt it was in the public interest or would enable fair reporting of the trial.

Stigma

Mrs Caine said: ’I can accept there is a particular stigma with sex offences but I wonder if this is a case of the Isle of Man believing we are special and that protection of the individual outweighs the long established tenets of open justice? Will a judge consider that the likely reputational damage to a rich or powerful or famous individual is more significant than a lesser known person in our community?’

Dr Alex Allinson (Ramsey) is in charge of the bill.

He said: ’The press have an important role in ensuring that justice is seen to be done.

’However, on a small island, there can be serious long term repercussions for anyone mentioned in a court report and implicated in a sexual offence.

’The intention to grant anonymity for those suspected of committing sexual offences should not be seen in any way to support the erroneous myth that victims make false allegations of rape.’

He added there was no intention to extend anonymity provisions to other criminal cases.

Crime rate

The bill was granted a second reading by MHKs on Tuesday, meaning they approved its principle.

But it will take a number of weeks to pass the clauses stage.

The bill covers such a wide range of areas, including modernising the law to keep up with the digital age and outlawing such things as ’upskirting’ - the taking of intimate photographs under someone’s clothing, without their consent. Introducing the bill, Dr Allinson said, despite a low crime rate, the Isle of Man is ’not immune to the harm of sexual offences’.

He described these as: ’Crimes which represent an expression of power rather than desire and which leave victims hurt, damaged and often robbed of their own self confidence.

’It is vital that as a society we clearly state these crimes must stop and as a parliament we pass legislation to outlaw such offences and provide reassurance to victims that they will be treated appropriately by the criminal justice system.’