Anonymity for the accused? Examining the impact of public identification of suspected sex offenders in Northern Ireland

Unlike complainants of sexual offences, accused persons are not afforded anonymity as a statutory right. Rather, the decision to anonymise a defendant is based on judicial discretion, often resulting in the public identification of persons accused of committing sexual offences before they are convicted. This paper examines the implications of this identification in the context of Northern Ireland. Drawing on qualitative interview data from the author’s ongoing PhD research, the impact on the accused is explored through a theoretical lens of stigma (Goffman, 1963) and shaming (Braithwaite, 1989). The perspectives of 31 interviewees are considered, comprising of legal and statutory sector professionals, as well as the personal experience of a family member of an accused person. In this paper the societal attitudes in Northern Ireland toward sexual offences and those suspected of committing them is explored, with interviewees offering insight into the origin of these negative perceptions and comparison to views in neighbouring jurisdictions, such as England and Wales. How these attitudes interact with the public identification of accused persons is also examined, with interviewees reflecting on personal or professional experiences of the range of societal consequences and harm, including physical, emotional and economic, that an accused person may face. In presenting the findings from the interview data on these issues, this paper highlights the need for future reform in anonymity provisions to mitigate these negative impacts and ensure fair treatment for those accused of sexual offences in Northern Ireland.