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Sexual Offences Anonymity

The Sexual Offences (Amendment) Act 1992 gives complainants in sexual offence cases automatic, lifetime anonymity from the moment of allegation. This guide explains the scope of the protection, who can be named, waiver rules, and the jigsaw identification risk that catches many publications.

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Automatic and lifetime: The anonymity protection applies from the moment of allegation — no court order is required. It is not limited to cases that go to trial or result in conviction. Breach is a criminal offence.

The Sexual Offences (Amendment) Act 1992

Section 1 of the Sexual Offences (Amendment) Act 1992 (SOAA 1992) provides that where an allegation has been made that a sexual offence has been committed, no matter shall be published which is likely to lead members of the public to identify the person against whom the offence is alleged to have been committed as the person against whom it was committed.

The listed offences are extensive and include rape, assault by penetration, sexual assault, causing a person to engage in sexual activity, child sex offences, trafficking, voyeurism, and many others. The list was extended by subsequent legislation. If in doubt about whether a specific offence is covered, check the current version of the Act at legislation.gov.uk/ukpga/1992/34.

The restriction applies in England, Wales, Scotland, and Northern Ireland — it is a UK-wide provision, though the specific offences covered in Scotland and Northern Ireland may differ slightly. See our sexual offence anonymity law guide for the full statutory analysis.

What the anonymity restriction covers

Do NOT publish

  • The name of the complainant
  • The address or location of the complainant
  • Any photograph or image of the complainant
  • Their occupation, workplace, or school
  • Their relationship to the defendant, if that alone would identify them
  • Any combination of details that would identify them to a reasonable reader
  • Social media posts by third parties that would identify them — do not amplify

You CAN publish

  • The name of the defendant (unless naming would identify the complainant)
  • The charge(s) and a fair description of the alleged offence
  • What is said in open court, subject to jigsaw risk
  • The verdict — guilty or not guilty
  • The sentence and any ancillary orders
  • A waived complainant's details, where waiver is documented

Naming the defendant — the key rule

Defendants in sexual offence cases have no automatic anonymity in England and Wales. They can be named from the point of charge (or even earlier, if they have been publicly arrested, though care is needed before charge). The SOAA 1992 deliberately does not protect defendants.

However, the critical question when naming a defendant is whether doing so would identify the complainant. Where the defendant and complainant are closely related — parent and child, spouses, siblings, or members of a small defined group — naming the defendant may be sufficient to identify the complainant to those who know them. In such cases you must either not name the defendant or obtain a court order permitting naming.

A person acquitted of a sexual offence can also be named — acquittal does not create any anonymity protection. The complainant's anonymity remains in place regardless of the verdict.

Jigsaw identification on social media

The jigsaw identification risk is most severe in sexual offence cases because: the cases are high-profile and attract significant social media attention; the relationship between complainant and defendant is often close and therefore identifying; and once a name is online it is searchable and permanent.

Even if your report does not breach the restriction, third parties on social media routinely publish identifying information that, taken with your report, completes the jigsaw. You are not responsible for third-party breaches — but you should not amplify, retweet, or link to material that you know or suspect would identify the complainant.

IPSO has investigated and upheld complaints about jigsaw identification in sexual offence cases where individual outlets believed they had complied with the law. The test is not whether your report alone identifies the complainant — it is whether it contributes to identification when viewed alongside other published material. See our sexual offence anonymity law guide.

Waiver of anonymity

A complainant may waive their own anonymity under section 3 of the SOAA 1992. The waiver must be in writing and freely given. Where a complainant has publicly identified themselves as a victim — for example, by writing about their experience or speaking in a television interview — they have in practice waived their anonymity for the purposes of that disclosure. However, this does not permit unlimited subsequent identification by the press.

Courts can also lift the restriction under section 3(2) where continued anonymity would be substantially and unreasonably prejudicial to the defendant's case — this is a very high bar and rarely granted. Always have documentary evidence of any waiver before publishing, and seek legal advice if in doubt.

Common mistakes

  • Publishing the defendant's occupation, workplace, or location where those details would identify the complainant through their close relationship.
  • Naming a sibling, parent, or other family member in a way that reveals the complainant's identity.
  • Amplifying social media posts that name the complainant — even on a "just sharing what's already out there" basis.
  • Treating an informal waiver (a conversation with the reporter) as sufficient — always get written documentation.
  • Assuming that because proceedings ended without a trial, there is no ongoing restriction — the anonymity is lifetime.

Related guides

Sexual Offence Anonymity Law
Full statutory analysis of the SOAA 1992 and how it has been interpreted.
Youth Court & Section 49
Anonymity for young people in youth court proceedings.
Reporting Restrictions Overview
All automatic and court-imposed restrictions for UK journalists.
Attribution in Crime Reporting
Correct terminology for suspects, defendants, and the convicted.

Frequently asked questions

When does the anonymity protection for sexual offence complainants begin?
The anonymity protection under section 1 of the Sexual Offences (Amendment) Act 1992 applies from the moment an allegation is made — not from the point at which a charge is brought or a trial begins. This means that if someone makes a complaint to police and no further action is ever taken, the complainant still has lifetime anonymity. The protection is not contingent on a conviction.
Can I name the defendant in a sexual offence case?
Yes — defendants (including those who are merely charged but not yet tried) have no automatic anonymity in the UK unless a specific court order has been made. There is no general defendant anonymity for sexual offence cases. The accused can be named. However, you must take care not to publish any information that, directly or indirectly, leads to the identification of the complainant. If naming the defendant would identify the complainant — for example, because they are closely related — you must not publish the defendant's name without first obtaining a court order permitting it.
What is a waiver and how does it work?
The complainant can waive their own anonymity under section 3 of the SOAA 1992. A waiver must be in writing and given freely. A court can also lift the restriction under section 3(2) if it is satisfied that the restriction is likely to result in the accused being "substantially and unreasonably prejudiced" in their defence. Waiver by the complainant does not require a court order — but you should have written evidence of the waiver before publishing. Third parties — including friends, family, or police officers — cannot waive the restriction on the complainant's behalf.
Does the anonymity apply if the complainant is deceased?
The protection is described as "lifetime" anonymity for the complainant — not "for the complainant's lifetime." The legislative intention is that the protection lasts indefinitely and does not automatically end on the complainant's death. There is no statutory provision that lifts the restriction on death, though courts have in limited circumstances allowed identification after death where specific circumstances justified it.
What is the jigsaw identification risk in sexual offence cases?
Jigsaw identification is particularly acute in sexual offence cases because the relationship between complainant and defendant is often close — they may be family members, colleagues, or members of the same small community. Even if your report does not name the complainant, publishing the defendant's name, their role, their workplace, or their relationship to the complainant may be sufficient for a reader to identify who made the allegation. Always ask: could a person who knows both parties identify the complainant from what I am about to publish? If yes, do not publish.

Related guides

Media LawSexual Offence Anonymity LawRead →Media LawReporting Restrictions OverviewRead →Court ReportingYouth Court & Section 49Read →Court ReportingAttribution in Crime ReportingRead →BeatsCourt & Justice Reporting BeatRead →

Primary sources

Not legal advice. This guide is for educational purposes. Consult a qualified media lawyer before making publication decisions in legally sensitive situations.