Rape Anonymity Act 2014 1

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Rape Anonymity Act 2014

2014 CHAPTER 29
BILL 7

An Act to make provision about the release of information regarding persons

accused of rape.
[25th September 2014]

B E IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of
the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled,
and by the authority of the same, as follows:

1 Anonymity of an accused
(1) Subject to section 3, a person accused of rape (or attempted rape) has a right to
anonymity until the person is charged of the offence.
(2) For the purposes of this section, rape means an offence
(a) under section 1, 2, 5, or 6 of the Sexual Offences Act 2003, or
(b) another offence a reasonable person would consider analogous to an offence
under the enactments listed in paragraph (a).

2 Extent of the right to anonymity

The right of an accused to anonymity under section 1(1) precludes
(a) subject to section 3, the divulging by any person to any other person of
information about an accused or an investigation in relation to offences the
accused is alleged to have commited;
(b) where an accused is not convicted of an offence to which the right of
anonymity applies, the accused being required to divulge or disclose the
allegation to an employer.

3 Exceptions to the right to anonymity

(1) An accused may at any time waive his or her right to anonymity under section 1.
(2) A justice of the peace may, if satisfied that details relating to the identity of the
accused are essential to an investigation into the alleged offences, grant a warrant
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extinguishing the right of the accused to anonymity.

(3) A police force may, in response to a request under section 1 of the Freedom of
Information Act 2000 and subject to sections 30 and 31, disclose information (except
information disclosed in confidence) pertaining to an investigation into an offence
to which the right to anonymity applies.
(4) A person who is alleged to have been the victim of an offence to which the right to
anonymity applies may disclose the identity of the person alleged to have
committed the offence to
(a) a police constable or police force,
(b) a licensed therapist,
(c) a government-approved support group, or
(d) a relative, if a licensed therapist has determined that doing so is necessary for
the health of the victim.
(5) A person to whom the victim discloses information about the alleged offence may
further disclose the information to a police constable or police force provided that
such further disclosure does not include the identity of the alleged perpretator.

4 Fines and punishments

(a) A person who contravenes section 2 commits an offence and is liable on summary
conviction to a fine not exceeding 10,000.
(b) A body corporate which contravenes section 2 commits an offence and is liable on
summary conviction to a fine not exceeding 50,000.

X Extent, commencement and short title

(1) This Act extends to the whole of the United Kingdom.
(2) This Act comes into force on 1st January 2015.
(3) This Act may be cited as the Rape Anonymity Act 2014.