My Lords, I thank the noble Baroness, Lady Jones of Moulsecoomb, for introducing this amendment. The openness of judicial proceedings is a fundamental principle enshrined in Article 6(1) of the European Convention on Human Rights. This underpins the requirement for a prosecution witness, including the victim, to be identifiable not only to the defendant but to the open court. It supports the defendant’s ability to present his case and to test the prosecution case by cross-examination. In some cases, it can encourage other witnesses to come forward, particularly if the victim has made false allegations in the past.
However, the principle of open justice can sometimes be a bar to successful prosecutions, and we know that domestic abuse survivors are less likely to report abuse if their name is going to appear in the press as a result. I speak from personal experience again. When I was a victim of domestic abuse, I was not prepared even to report my abuser to the police out of shame and fear that it might become public knowledge.
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Currently, requests can be made to judges to order that a survivor be kept anonymous, but there is concrete evidence from domestic abuse survivors that a judge’s discretion is not enough, as their names are still published in the press in some cases.
However, it is not the case that every accusation is accurate. When false allegations are made, it is arguable whether the complainant should retain the right to anonymity. It is also illogical and somewhat contradictory to say that there is no shame in having been the victim of domestic abuse, and that awareness of such offences needs to be raised, while requiring anonymity. Enforcing a ban on social media is also difficult to achieve, as the noble Baroness alluded to.
The amendment provides similar protections for the victims of domestic abuse as the Sexual Offences (Amendment) Act 1992 provides for victims of sexual offences. In the latter case, these protections are considered necessary and generally work well.
We know that domestic abuse is underreported, particularly in the case of male victims. If we are serious about a sea change in our approach to domestic abuse being brought about by the Bill, we should seriously consider this amendment.