Anonymity and Confidentiality for Historic Abuse Survivors

In cases involving historical abuse, due to the psychological impact of the abuse, it often takes the survivors many years, if not decades to finally speak out about the abuse they have suffered, with a view to trying to obtain some form of closure on their past, 

Whilst some survivors may not have told their family or friends about the abuse they suffered, which is to be expected, the thought of having their past dragged up in a court claim and published in the press, can deter many abuse survivors from taking the step of finally speaking out or reporting the abuse.

If the survivor reports the abuse to the Police, and the abuser is still alive and able to face justice, victims of sexual offences in criminal proceedings are automatically entitled to lifelong anonymity in the press or any other publication, which means it is unlawful for anyone to publish the survivor’s name or anything that identifies them as being a victim of sexual abuse.

When the survivor finally speaks out and reports the abuse, the abuser may have died or is medically unfit to attend a criminal trial, and therefore unfortunately in some cases, the abuser may go unpunished if the allegations are not brought to light until many years after the abuse.

Whilst the criminal proceedings may result in the abuser being convicted and sentenced, if the survivor wishes to obtain monetary compensation for the abuse, they will need to instruct a solicitor to pursue a civil claim for compensation.

Given the abuser may be deceased, medically unfit to respond to any allegations or would not have the financial means to pay any compensation awarded by the court, in most civil claims involving historical abuse, the claim would be pursued against the institution responsible for employing the abuser, whether that be a local authority, school or college, prison or detention centre, religious or charitable organisation, the armed forces or private companies etc, as an employer can be held accountable for the actions of its employees in certain circumstances. 

In civil claims, a solicitor can apply to the court for an anonymity order, which if approved, would usually order that the name and address of the survivor, or other immediate family members, or any details (including other names, addresses, or a specific combination of facts) that could lead to the identification of the survivor being established, are not to be disclosed in any court documentation.

The anonymity order would usually also include a ban on any publication includes any speech, writing, broadcast, or other communication in whatever form (including internet and social media), which is addressed to the public at large or any section of the public.

When an anonymity order is approved, usually the court will order that the survivor’s name is to be anonymised in all the court records and publications as three random letters

The protection of an anonymity order is vital for some survivors of abuse to even contemplate pursuing a civil claim for damages, but a solicitor will always seek to act in their client’s best interest and afford them the protection and confidentiality they require to seek justice.

Jordans Solicitors are here to support all survivors of any form of physical and/or sexual abuse.