Court upholds delay in disclosure of complainants’ identities to Tate brothers

Andrew and Tristan Tate have lost their bid to be told the identities of the women complainants in the UK criminal proceedings against them before their extradition to the UK.

By Claire Glasgow

The brothers are currently in Romania where they are facing criminal charges arising out of allegations of human trafficking and rape. Once the Romanian proceedings conclude, they will be extradited to the UK to face criminal proceedings here and will be informed of the UK complainants’ identities at that stage.

The Tate brothers face 21 criminal charges in the UK, including rape, human trafficking and controlling prostitution for financial gain. The alleged offences are reported to have taken place between 2012 and 2016.

The Tate brothers deny all the allegations against them.

Right to anonymity

The identities of victims of sexual assault are protected under the provisions of the Sexual Offences (Amendment) Act 1992. This is an important automatic and absolute protection meaning that victims’ names and/or identifying information about them cannot be published. Unfortunately, many women find that there is still societal stigma around reporting rape and sexual assault, and this legal protection ensures that their privacy is protected during legal proceedings and for life thereafter.

The defendants to criminal or civil proceedings are normally informed of the identity of the complainant(s) so that they can prepare their defence. However, in this case, disclosure of this information has been delayed until the Tate brothers are in the UK.

Concerns about publication

Andrew Tate, a self-proclaimed misogynist, has described women as ‘intrinsically lazy’ and has been banned from social media platforms including YouTube, Facebook, Instagram and TikTok. He does however retain a presence on the platform X, with millions of followers.

Given the Tate brothers' substantial social media following, there was concern that the identities of the women could be published online by them while they remain outside the jurisdiction of the English courts. Any such disclosure could immediately reach millions of people.

Although the Tates' lawyers argued that the Crown Prosecution Service (CPS) had an 'inflated assumption of risk', the Court agreed that the CPS was entitled to take a precautionary approach and withhold the women's identities until the brothers are extradited to the UK, where they would face the legal consequences of any unlawful disclosure.

Civil proceedings

Four women are bringing civil proceedings for damages against Andrew Tate. Victims of sexual assault can sue the perpetrator for damages arising out of injuries caused (physical and/or psychiatric) and any losses (such as loss of earnings or private treatment costs) that flow from those injuries. The right to anonymity applies in both criminal and civil proceedings.

Timeline

It is not known when the Tates may be extradited to the UK as there is no set timeline for the proceedings against them in Romania. It is likely to be a number of years before they face the scrutiny of the English criminal court.

For any queries regarding this article please contact Claire Glasgow on ceg@deanwilson.co.uk