Named, shamed and stigmatised: defendant anonymity for persons accused of sexual offences in Northern Ireland

This paper draws on the author’s ongoing PhD research and focuses on the issue of anonymity for those accused of sexual offences in Northern Ireland through a theoretical framework of stigma and shame. It explores the recent amendment to the law under the Justice (Sexual Offences and Trafficking Victims) Act (Northern Ireland) 2022, which legislated pre-charge anonymity for persons accused of sexual offences. This amendment gave effect to the earlier recommendations made in the Gillen Report into the Law and Procedures in Serious Sexual Offences in Northern Ireland (2019). The paper argues that further reform should be considered to extend the anonymity provision until the point of conviction, given that there are a number of core contextual factors unique to Northern Ireland which should have an impact on the development of the law. These factors include the tight-knit nature of Northern Irish communities, the significance of religion and resulting moral conservatism of the state, and the presence of paramilitary organisations. Whilst there are many arguments in favour of and against anonymising those accused of sexual offences, this paper focuses on the argument that an allegation of sexual offending is uniquely stigmatising. Consequently, it discusses how these contextual factors interact with one another to potentially influence how accused persons are perceived and treated within Northern Irish society, even after acquittal. The paper concludes by suggesting that reform to automatically anonymise those accused of sexual offences until conviction in Northern Ireland can prevent the exclusion of those accused from society.