Does a victims name have to be published in newspaper?

joe565

Hello

Not sure if anyone can offer any help but my friend has been a victim of fraud and it's currently ongoing in the courts. Its been in local papers and her name wasn't published which was great. However, another paper has got it in and she's just in bits.

It just doesn't seem fair as she's the innocent victim and this man has been arrested and is awaiting the trial. Clearly his name is in which is ok to name and shame him but shes just so distraught when she read her name in it!

She's so annoyed, upset that her name has been published and is there anyway the papers wouldn't put her name in again? Her mental health is far from good and this has not helped her, doesn't seem fair either as she's the innocent victim. Any views?

Joe

MothballsWallet

Can she (or better yet any solicitor or police officer helping) contact the second paper and ask them to publish a retraction or apology? The reason I mentioned a solicitor or police officer is that they'll be able to quote relevant legislation.

Unfortunately, any damage may have already been done, and the media can claim "public interest".

hollydays

Should she not have cleared this with the police before she wrote the statement.
I'm not sure of the law, reporters will be in court , I guess if there is a valid reason the reporters could be " asked" not to put the victims name in.

As she is not the guilty party, could this upset be more to do with her mental state?
No one likes to be named in a court article , but realistically what is the problem with this unless it's a sensitive issue?

lincroft1710

"Today's news, tomorrow's chip paper"

With any luck, it will be forgotten by most people by tomorrow, or next week.

hollydays

I would add that although you say he's been arrested so it's ok to name him- he's not been found guilty yet!
Presumably if there's going to be a trial she will have to give evidence?

mjm3346

It's not a sexual offence and I assume she is not a minor so there doesn't appear to be any reason for her name to be withheld from the public/press.

powerful_Rogue

Too many people equate being arrested to meaning guilty.

Remember in the UK we work to "innocent until proven guilty in a court of law"

You argue that its the arrested persons name that should be left out of the paper until he has been convicted.

joe565

Thanks for all the views. Yes maybe I shouldn't have said it ok to name him and yes he's not found guilty yet but I've seen all the evidence etc and clearly what he done was wrong! Some papers haven't published her name but one has and as an innocent victim it doesn't seem right! I know I wouldn't like it if it was my wife, daughter, sister etc name published in a paper and her the innocent victim? She has mental health issues over this fraud and is embarrassed by it all as she was in a vulnerable state when he frauded her!

hollydays

But she is also going to have to get herself together to give evidence.
If there is some embarrassment involved I can understand. Do you think it's more she's having second thoughts about giving evidence.

antrobus

Section 46 of the Youth Justice and Criminal Evidence Act 1999 gives the court the power to impose reporting restrictions in respect of any adult witness that would otherwise suffer from "fear or distress" if they were identified. But obviously that isn't going to happen unless the witness in question approaches the CPS and asks for it, and puts up a convincing argument. And it would need to be convincing as there is a presumption that 'justice must be seen to be done'.

Since this case is "ongoing in the courts" it's (probably) too late for that kind of thing.

joe565

Yes mentally I don't think she's strong enough to give evidence now