Why do rape victims' names get withheld from presses?

Anonymity for rape victims

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By Alex Barrett

ORLANDO - It seems that every time a rape crime, or supposed sexual battery incident occurs, there is always one missing piece of information that no one can identify; the victim's name.

You may think that the names are just lost in translation, or kept from the public, but the truth is, there is no law that prohibits the release of information pertaining to the supposed victims name outside of two states, Florida, and South Carolina. In these states, the law prohibits the publication of rape victims’ names and the constitutionality of those statutes is uncertain. The Supreme Court is considering the Florida statute this term in light of a 1974 high court ruling that struck down a similar Georgia law, stating it was alright to print the names of victims in a manner that is not degratory in any way.

In states outside of Florida and South Carolina, the names of victims aren't printed either, but for a different reason. Simply put, to be respectful to those who have been violated. Orlando Lawyer Emma Ubanks has had some background in criminal trials and admits the law is kind of shaded when it comes to rape crimes. "The real law says that no names should be divulged, either the name of the alleged victim, nor the name of the alleged assaulter," Ubanks said. "The name is normally retained by the authorities or by the council that is representing the victim, and subsequently withheld from the media print due largely out of respect for the parties involved. They really don't need any more stress, much less seeing the media and other people making assumptions about their already trying situation." Ubanks added, "rape crimes are still, for some reason, one of the primary crimes where people continue to lay blame on the victim, sometimes more than the person who committed the crime."

Ubanks is one of many attorneys in the state seeking to have this law used in a proper way to defend not only the victims, but all parties involved. "Take the Kobe (Bryant) case, here we see an individual accused of rape, and he was found to be innocent of the crime. Having his name in the media everwhere cost him sponsorship contracts, and he gained negative feedback from many people over something he was found to be not guilty of, while the woman involved recieved virtual anonymity. That just isn't fair, and it can work both ways in these instances."

All the while, many believe that names should be completely confidential, the only parties that should have knowledge of the people involved should be them, immediate family, and whatever authorities have been assigned to the matter. Still more people feel it aids in what has most likely been a traumatic experience to an individual. Rape is considered one of the more heinous crimes that can be committed, and many individuals don't see anything that can be gained by causing random media and other walks of life to come knocking on a victims door for whatever reason.

"It takes alot of strength to work through something as serious as rape, for both parties. People that are involved have a right to be protected from further harm or damages that may be brought on by individuals looking for a scoop, or a paycheck." Said Ubanks. "In almost all cases, they just want to be left alone. People should respect that request."