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View Full Version : Should it be illegal to name sex crime victims without their permission


ShyGuyInChicago
September 20th, 2011, 11:36 PM
Most news organizations have a policy of not naming sex crime victims without their permission on the grounds that doing so will just magnify the trauma they face. It is generally believed that sex crime victims face greater amounts of shame, humiliation, and the like as opposed to other crime victims.

I am wondering if because of that should naming sex crime victims without consent be illegal. It is illegal in some places like England (but not the rest of the UK) as well as the U.S. state of Florida. I am not sure whether it should be legal or not, but there is no point in making it illegal because most news organization voluntarily give sex crime victims privacy.

Please remember that this thread is only about law and no right or wrong.

jurisprudent
September 21st, 2011, 12:15 AM
There is a 1975 US Supreme Court case that the petitioner argued that a Georgia statute prohibits the media from publishing victim's names, the petitioner won in trial court but the SC ruled that the state policy is unconstitutional, was a violation of the freedom of press, the rape victim's name was a matter of public concern, and therefore, can be published with impunity since it was obtained legally.

If the victim's name is on public record, in courts, it can be obtained legally.

Although, IMHO, I think that it shouldn't be unlawful, but the media should be respectful to privacy rights.