Introduction
Sexual offences are considered a more heinous crimes than homicide and murder. This heinous act of nature not only harms a victim physically but also has a profound and pitiful psychological influence on them.
There are several forms of sexual offences. Rape, incest, and adultery are natural sexual offences, however, sodomy, Tribadism, Bestiality, and Buccal Coitus are unnatural sexual offences.
Anonymity of defendants
Jurors are informed at the commencement of every criminal trial that the accused is assumed innocent until proven guilty. Even if the criminal is ultimately proven not guilty, their public identity always causes them to suffer reputational damage and humiliation.
Anonymity is not usually granted to defendants charged with sexual offences. The aim to sustain the principle of “open justice” is the most evident rationale for this approach. Derogations from open justice are only permitted when absolutely required, and courts rarely grant anonymity just to protect one’s reputation.
Also, in cases involving sexual offences, judicial actions (including pre-charge arrest) may prompt other complainants to come forward with important evidence.
Anonymity of victims
Section 228A of the Indian Penal Code was enacted with the goal of guaranteeing a dignified and purposeful existence to a hapless victim of diabolic offences punishable under Sections 376, 376A, 376AB, 376B, 376C, 376D, 376DA, 376DB, and 376E. It prohibits and punishes the printing or publication of any information that could lead to the identification of a prosecutrix. Although such a prohibition does not apply to the printing or publication of any High Court or Supreme Court judgement, the Hon’ble Apex Court has shown a spirit of social activism by instructing all courts not to use original identity or any other substance that tends to make the victim known to the public on several occasions.
The reasons for preserving the anonymity of rape victims in India centre on the right to privacy and the prevention of social stigmatization of sexual assault victims. Apart from protecting the rights of victims, the policy against identifying sexual assault victims is based on considerations regarding the accused’s right to be assumed innocent and the avoidance of a “trial by media.” Furthermore, the fear of being identified in public can deter victims of sexual assault from reporting the incident in the first place.
Why is anonymity important?
The public’s interest in knowing the plaintiff’s identity is balanced against the plaintiff’s need for privacy. The court must also evaluate the defendant’s fairness. A defendant may be obliged to defend himself in front of the court, while the plaintiff may make claims anonymously.
Over several decades, the issue of anonymity for defendants accused of rape and other sexual offences has been debated repeatedly in various parliaments around the world, as well as in newspapers and, to a lesser extent, academic and professional literature. Certain arrays of factual assertions and arguments are based on insufficient empirical foundations in the dispute.
The possibility that the claim is untrue is one of the key justifications for granting anonymity to the defendant. And that having a false claim of a sexual offence has a shame, and that when the victim is given anonymity, the odds of a false accusation skyrocket. If the allegation is false, it will harm their reputation. However, there are many other crimes, such as killing, that are associated with social stigma, and courts around the world do not offer defendants anonymity.
Conclusion
Because sexual offences are serious in nature and have societal repercussions, it is the responsibility of the state, as well as people, to take all necessary steps to ensure that the plaintiff or the defendant can live a dignified life after the case is resolved.