Associate feature: Why murdered children have a right to anonymity

In Scotland, public interest in justice matters has grown substantially in recent years, with many calling for more compassionate, fair, and victim-centred legal processes.

Victim Support Scotland remains steadfast in its mission to advocate for victim rights, calling on Scottish Ministers to use their power, influence and vote to ensure that justice adequately serves victims, witnesses, and people in the 73 constituencies covering the length and breadth of Scotland.

Child homicide cases are among the most harrowing stories that media outlets report on. They are rare in Scotland, but when they do happen, they can attract national attention and international interest in the days, weeks, months, and years that follow. Coverage varies widely, raising significant concerns about accuracy, sensitivity and, crucially, the impact on surviving siblings. 

Earlier this year, families supported through VSS’s Support for Families Bereaved by Crime (SFBC) service brought this issue to the attention of Scottish Ministers, highlighting the injustice of anonymity granted to child perpetrators, but not child victims. 

65 people bereaved by crime lent their names to an open letter to the First Minister and Cabinet Secretary for Justice. This groundswell of support, from the only people who can truly understand this issue, led to a consultation by the Scottish Government.

VSS’s SFBC service provides support to the vast majority of people affected by murder or culpable homicide in Scotland. The families and staff supporting them are arguably the most informed to speak on this. They tell us that media attention can be relentless, too much information is in the public domain, and graphic detail of a loved one’s death is available for all to see, including surviving siblings and children.

The impact of all of this is unimaginably traumatic. Families already experiencing the worst trauma of their lives are faced with no choice and no control. As well as the identity of their murdered child being public knowledge, by default the identities of any surviving siblings are too. Families tell us this results in children losing their childhood, with family members simply unable to protect them from information they should not have access to.

Essentially, we are calling for choice and control to be in the hands of the family – they should decide whether or not to name the child who has died as a result of crime.

We know from our work in this area that broadcast media remains of central importance, as coverage generated from these outlets is the catalyst for the growing number of international vloggers, true crime podcasters and other social media influencers.

While bereaved families relay the heartbreaking impact of intense media coverage, often lasting years, we acknowledge the legitimacy of reporting on these cases. Our intention is not to unjustly gag or criticise the media, but to amend and enhance legislation to support families who have lost a child to crime. Surely their rights are paramount, and they should have a choice in whether their child is named? 

If we are the modern-thinking, trauma-informed, rights-respecting nation that we purport to be, reporting of such cases must respect the dignity of victims and their families whilst also upholding freedom of press to report on these cases.

We acknowledge the potential barriers to such legislation, but know there are ways to overcome these, learning lessons from other jurisdictions who have tried similar approaches. 

As we await the findings of the consultation that concluded in October this year, we do not yet know what the next steps will be. We urge members of the Scottish Parliament to debate this in parliament. We urge them to consider their own constituents who have been affected by murder or culpable homicide. We urge them to contemplate the ongoing impact on surviving siblings and help protect them from harmful information about the death of their loved one. 

With careful consideration and a commitment to compassion, Scotland can lead the way in redefining justice to better protect and empower all individuals impacted by crime.

This article is sponsored by Victim Support Scotland.

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