Do We Really Need To Publish All The Details Of Rape Cases? Two Maltese Lawyers Weigh In
A heinous case of rape has been at the forefront of Maltese media, where the public was regularly fed graphic details of a man who raped his girlfriend’s mother while under the guise of “satanic” voices.
Now that the case has ended with the man being sentenced to 20 years in prison, and the court having banned the publication of the victims names, there’s no better time to break down the dynamics of such an emotionally-charged case.
Does the public really need to know every detail of a family’s sexual trauma? Lovin Malta asked the duo lawyers behind PB&C, Martina Caruana and Emma Portelli Bonnici, to weigh in on the matter.
“First of all the release of graphic details of any court case involving rape can be re-traumatising for the victim – especially this one. This can lead to the victim feeling as if they are being re-victimised by the court process and by the press,” Caruana explained.
The graphic nature of the details, Caruana continued, can also lead to public scrutiny of the victim and their actions, which can be harmful and unjust.
“Secondly, the release of graphic details of the case can influence public opinion and the outcome of the case. For example, if the public is given a skewed or incomplete view of the case, it can lead to a mob mentality and a rush to judgment. This can lead to an unjust outcome for the victim.”
The question of what details should and should not be in the public sphere and who shoulders responsibility for the ethical broadcasting of such sensitive information is certainly not always cut and dry.
“I’ve often come across people who don’t believe that the public has any right to know what goes on between two or more individuals – but the reality is that they do. The public’s right to know and their right to witness and access court proceedings is imperative to the good functioning of the administration of justice within a democracy, allowing the public to scrutinise judicial decisions and outcomes,” Emma Portelli Bonnici added.
Lawyers Emma Portelli Bonnici and Martina Caruana
“Naturally, this function must necessarily be weighed against the privacy of the individual – and that’s why we sometimes have members of the judiciary who issue a ban on the publication of names of the victims and/or the accused.”
“I think a more important point that needs to be raised in this regard is the responsibility of the journalists who cover such proceedings – especially sensitive cases that relate to violence, especially gender-based crimes such as rape or femicide – and the relative responsibility of all of us who consume that information through whatever channel we get our news from.”
“Purposely misleading headlines, articles that are riddled with errors, using the most salacious details available to conjure stories that might get you more clicks (clickbait) are all hugely problematic and run contrary to what modern standards of journalistic ethics ought to be,” the lawyer continued.
“But antithetically, why do these things work? Why does clickbait actually drive internet traffic?” Portelli Bonnici asked.
“Because hoards of people consume this information like village gossip – and herein lies the problem. Our society needs to learn the fundamentals of empathy, we must learn to resist the urge to make snap judgements and text their friends or call their neighbours with all the juicy details pertaining to another person whilst conveniently forgetting that these people or their families have feelings too perhaps then can we collectively move away from consuming people’s most traumatic life events as though we were at the cinema.”
In light of this, PB&C, their human-centred law firm, specialises in trauma-informed legal services.
“This means that the firm’s approach to lawyering takes into account the potential trauma that clients may have experienced, and works to minimise re-traumatisation during the legal process. The firm’s focus is on creating a safe and empathetic environment for clients and providing legal representation that is tailored to the unique needs and circumstances of each individual. This approach is designed to empower clients and help them achieve the best possible outcomes in their legal matters,” Caruana finished.
All in all, access to information is a right and pillar of democracy, but it still required a nuanced balance and strong ethical approach to prevent unnecessary suffering.
Do you agree with their arguments? Sound off in the comments below
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