New legislation in Northern Ireland that allows for sexual offenders to remain anonymous for up to 25 years after their death is being criticised by survivors of sexual abuse, with one survivor describing it as a “protection clause” for abusers. The law, which came into force last month and applies to crimes committed only in Northern Ireland, is facing a legal challenge from media groups. Officially known as the Justice (Sexual Offences and Trafficking Victims) Act Northern Ireland 2022, it offers anonymity retrospectively to both accused and convicted sexual offenders, regardless of whether they are alive or dead.
The legislation, which was introduced by Northern Ireland’s Department of Justice after a review of sexual offences, is particularly controversial in light of the high-profile abuse scandals involving DJ and television presenter Jimmy Savile, who is estimated to have preyed on hundreds of individuals, many of them children. Despite an investigation by detectives, Savile was never charged with any crimes. Samantha Brown, who was abused by him from the age of 11, claims that some survivors of sexual abuse may be afraid to speak out while their abusers are still alive, and that the new law risks potentially silencing them.
While Sir John Gillen’s review of Northern Ireland’s sexual offences legislation did recommend that alleged offenders should be granted anonymity prior to any charges being brought, he never suggested that this anonymity should continue after their death. The new law has raised concerns among some that sexual abusers will be protected for years to come. Despite the controversy surrounding it, it is not clear who introduced the provision extending anonymity to deceased offenders.
The new legislation has been criticised for offering potential protection to sexual offenders and for leaving survivors of abuse with no opportunity to seek justice or speak out against their abusers. While some have highlighted the fact that there are provisions allowing for challenges to anonymity where publication of names is deemed to be in the public interest, others suggest that the law needs to be revisited and amended to ensure that survivors are given the opportunity to speak out against their abusers, regardless of whether the offender is alive or dead
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