Should Men Accused of Rape Be Named Before They Are Convicted? Episode 818

The number of sexual offence cases entering Ireland’s courts has risen significantly over the past two years, reigniting the debate about whether people accused of these crimes should remain anonymous until they are convicted.

In this episode, Niall speaks to Laise De Brun BL. and Dublin City Councillor Gavin Pepper about the difficult balance between protecting complainants, encouraging other potential victims to come forward and preserving the presumption of innocence for defendants who have not been found guilty.

The Courts Service’s newly published annual report shows that the District Court received 3,648 new sexual offence cases during 2025. That was almost unchanged from 3,650 in 2024, but represented an increase of 13.6 per cent from the 3,211 cases recorded in 2023.

The figures come as Tánaiste Simon Harris described domestic, sexual and gender based violence as an “epidemic” in Ireland and a “pandemic” globally. His comments were made during a wider discussion about violence against women, in which he argued that focusing solely on the race, nationality or ethnicity of an alleged offender risks missing the broader scale of the problem.

However, recorded crime figures do not tell one simple story. CSO data for the year to the first quarter of 2026 showed a 15 per cent fall in recorded sexual crime incidents, from 3,888 to 3,315. The Dublin Rape Crisis Centre warned that this may not indicate a genuine reduction in sexual violence, but could instead suggest that some victims are becoming more reluctant to report their experiences.

Under legislation commenced in 2024, a person accused of a sexual offence is generally protected from being publicly identified unless and until they are convicted. Complainants are also entitled to anonymity. The law is intended to protect the alleged victim, preserve the fairness of proceedings and prevent an unconvicted defendant from suffering irreversible reputational damage.

But should that protection always apply?

Supporters of naming defendants argue that publicity can encourage other alleged victims to contact Gardaí, potentially revealing a pattern of behaviour or providing evidence that investigators would otherwise never discover. In some high profile cases, additional complainants have only come forward after an accused person’s identity became publicly known.

Opponents argue that an accusation is not a conviction. They warn that naming an innocent person can destroy their career, relationships and reputation, even where the case is later withdrawn or ends in an acquittal. There is also a danger that identifying the accused could indirectly reveal the identity of the complainant, particularly where the parties are related or closely connected.

Niall and Councillor Gavin Pepper ask whether the current law strikes the correct balance.

Should a person accused of rape or sexual assault remain anonymous until conviction? Should judges have discretion to permit identification where Gardaí believe other victims may exist? Could naming an accused person assist an investigation, or would it undermine the presumption of innocence and expose unconvicted people to trial by social media?

As sexual offence cases increase before the courts, is it time to reconsider the law, or is anonymity an essential protection in one of the most serious and damaging categories of criminal allegation?