Thirtyone:eight continues to join the call for the Northern Ireland Assembly to repeal Section 12, Justice (Sexual Offences and Human Trafficking) Act (Northern Ireland) 2022. We’re pleased to hear numbers of politicians across parties now recognise the unintended consequences of Section 12 for victims and survivors of abuse, and have spoken in favour of repealing this.
The legislation stops victims and survivors of sexual abuse from naming (or their identifying characteristics of) their alleged abuser in the public domain. Survivors from other high-profile cases have raised their concerns. Survivors of Jimmy Saville save pointed out that without the freedom to speak through the press, many of his victims would have continued to believe they were the only one harmed and the opportunity to be heard and seek justice would have been lost.
Justin Humphreys, joint-CEO, and Leigh McFarlane, Public Policy and Research Manager recently met with Robbie Butler MLA to discuss the legislation. Robbie has committed to submitting a Private Members Bill to seek repeal, Robbie says,
“I first became aware of the consequences of this poorly presented section of legislation when a victim brought it to my attention and described the devastating effect that this would have on them.
Many victims of sexual violence cling to a hope that someday their perpetrator may be caught and their cry’s to be believed will indeed be accepted.
Protection of victims is paramount but this section affords suspects the same protections and potentially would mean that even if more evidence emerged, victims, journalists and justice would be denied closure.
If the Assembly returns my Party and I are committed to seeking to repeal this section via a Private Members Bill.”
In addition to the restrictions on speaking out, a section of the legislation also calls for anonymity protection of perpetrators up to 25 years post their death. This places huge restrictions on survivors and risks further trauma, as many (including Saville’s survivors) do not feel safe to report their abuse until after the person has died.
While new legislation does state that victims and survivors can make an appeal to the court to have this ban removed on a case-by-case basis, the appeal process itself, has the potential to further traumatise survivors by asking them to share their experiences with no guarantee of a positive outcome.
Leigh McFarlane says,
“We are pleased to hear politicians are taking this matter seriously and are grateful for their support in ensuring legal systems create fair and proportionate legislation. Thirtyone:eight exists to create safer spaces, ensuring that the most vulnerable in our society are given their voice.”
As a matter of urgency, we continue to invite the Northern Ireland Assembly to consider:
- Repealing section 12 and instead consider a fair and proportionate response to press reporting as recommended in the Gillen Review.
- A full consultation process to be commenced as happened in relation to other areas of the Justice (Sexual Offences and Trafficking Victims) Act (Northern Ireland) 2022. This should include the survivor voice and the press voice.
- That trauma informed practice recognises that memory gaps are common and protect survivors from ongoing harm. We are concerned that normal trauma reactions are being used to prohibit justice processes.
- Encouraging churches to develop safe places, ensuring that all people are safe and free from harm including children.
If you have been impacted by the unintended consequences to the Justice (Sexual Offences and Human Trafficking) Act 2022 (or any other situation) and would like to speak in confidence to a trained safeguarding professional, you can contact the Thirtyone:eight helpline on 0303 003 1111.
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Interviews available on request by contacting the press office.
Media Contact:
Jules Loveland
Communications Manager
0303 003 1111 ext. 2702
Editors Notes:
- Thirtyone:eight is the leading independent Christian safeguarding charity in the UK.
- We work with a network of faith and non faith-based charities and organisation across the country, to help support, train and equip their workers and volunteers to effectively safeguard children and adults at risk.
- We work in partnership with government and statutory agencies, as well as survivor groups, leaders from across church denominations to embed best practice.
- We do this by providing professional advice, support, training and resources in all areas of safeguarding and child protection for children, adults and for those affected by abuse.
- Thirtyone:eight is not affiliated to any single church denomination or tradition.
- We are a partner agency with CEOP (the Child Exploitation and Online Protection centre), members of the government National Working Group on Child Abuse Linked to Faith or Belief, and associate members of the UK Council for Child Internet Safety (UKCCIS).
- Confidential support for survivors of abuse in a faith-based context is available by contacting the Thirtyone:eight helpline on 0303 003 1111