The iniquity of selective anonymity in rape cases and other mattersMost of today's papers report the quashing on appeal of the conviction of a young man on a charge of rape. The man is named. The alleged victim enjoys anonymity. This cannot be right or just - either both should be anonymous or both should be named. The full appeal judgment is available HERE. Two paragraphs in the judgment are telling. The first (quite graphic, I'm afraid) is the complainant's evidence that perhaps suggests why the young man was convicted in the first instance:M's next memory, as narrated to the jury, was that she was lying on her bed, but unable to recollect how she got there. She said that the appellant was on the bed with her, his upper body on her lower body, his face between her legs, with his mouth and tongue on and in her vagina. She did not consent. "I did nothing or said anything in response. I felt as if I wasn't in my body. I hadn't recovered significantly from how I felt in the bathroom, and I didn't know how long his mouth was in my vagina. I remember his fingers in my vagina. I could just feel this. I don't know where his head was. The next thing I recall is his coming close by my face and asking if I had a condom. I said no". She said that she did not want to have sex, but she did not say so to him. She felt "like it wasn't happening. I knew I didn't want this but I didn't know how to go about stopping it." She was not co-ordinated in her body. She remembered his penis in her vagina, when she was on her back. She recalled penetration, and pain, and she said "ow". At another point she made some kind of noise which led the appellant to say "shush". To try and avoid sexual intercourse she turned over. She was curled in a ball facing the wall. Although his penis was withdrawn for a while, he penetrated her again. She had no idea how long intercourse lasted. When it ended she was still facing the wall. She did not know whether the appellant had in fact used a condom or not, nor whether he ejaculated or not. Afterwards he asked if she wanted him to stay. She said "no". In her mind she thought "get out of my room", although she did not actually say it. She didn't know "what to say or think, whether he would turn and beat me. I remember him leaving, the door shutting." She got up and locked the door and then returned to lie on her bed curled up in a ball, but she could not remember for how long.
The second, from the appellant's evidence, was the clincher for me:
He then left the building for a cigarette. He returned about five minutes later. The time, confirmed by CCTV footage, was 3.20am. He went to the complainant's room to make sure she was alright and take her some water. When he came in she was awake, on her bed in her pyjamas. He put water and a bin near her bed. He sat on the edge of the bed, and started to stroke her. He insisted that M appeared to welcome his advances, which progressed from stroking of a comforting nature to sexual touching. She said and did nothing to stop him.
Now, would a respectable young man who properly obeyed an edict forbidding smoking inside the building then go on to have sex with the girl against what he was certain was her consent? I think the appeal court came to entirely the right decision.