Why Publication Of The Names Of Defendants Is Prohibited By Cayman Court For Some Cases Of Rape, Indecent Assault & Gross Indecency

By Alric Lindsay

Periodically, members of the public will see a media house publish an article with a note that media reporting restrictions apply.  In some cases, the media may publish the name of the defendant but not the name of the victim, especially if the victim is a child.  In the other cases, the court prohibits the publication of the names of the defendant and the victim.  If you breach the court’s reporting restriction, you could face a fine or imprisonment.

First, let’s look at the situation where the victim is a child.

Section 12 of the Youth Justice Act states:

12. (1) In relation to any proceedings in any court, such court may direct that —

(a) no published report of or comment on the proceedings shall reveal the name, address or school, or include any particulars calculated to lead to the identification, of any young person concerned in the proceedings, either as being the person by, against or in respect of whom the proceedings are taken, or as being a witness in the proceedings; and

(b) no picture shall be published as being or including a picture of any young person so concerned in the proceedings.

Whoever publishes any matter in breach of the above is guilty of an offence and liable on summary conviction, in respect of each such offence, to a fine of five thousand dollars or to imprisonment for six months.

Second, let’s examine the situation where the victim is an adult.

Section 31 of the Criminal Procedure Code states:

31. (1) After a person is accused of a rape offence, no matter likely to lead members of the public to identify a person as the person against whom the offence is alleged to have been committed shall be published in a written publication available to the public or be broadcast, except as authorised by a direction of the court.

A breach of the above will mean that an offence will be committed, subjecting a person to a fine of one thousand dollars.

In particular, the Criminal Procedure Code says the following persons may be liable:

** In the case of a publication in a newspaper or periodical, the proprietor, editor and publisher of the newspaper or periodical

** In the case of any other publication, the person who publishes it

** In the case of a broadcast, any person having functions, in relation to the programme in which it is made, corresponding to those of an editor of a newspaper.

The court often clarifies that publication includes sharing on social media. The court will look at any publication that may directly or indirectly (by mention of specific locations, family relations, etc.) lead to the discovery of the identity of the relevant party.

Note to readers

See copy of the Youth Justice Act below:

See copy of the Criminal Procedure Code below: