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The Press Complaints Commission has ruled that Take a Break magazine committed an "extremely serious breach" of the Editors' Code of Practice after identifying a victim of sexual assault who had not waived her right to anonymity. The PCC today upheld a complaint that the magazine had breached Clauses 3 (Privacy) and 11 (Victims of sexual assault), after the complainant was identified in a real-life story told from the view point of the victim's sister. According to the commission's adjudication , the piece named both the complainant and her sister – who were both sexually assaulted by their stepfather according to the PCC report – and included photographs of them, claiming that both victims had waived their right to anonymity.

"The complainant said that – while her sister had chosen not to remain anonymous and tell her story in return for a charity donation – she herself had not. The complainant's sister had understood that the magazine would contact the complainant directly in advance of the article being published, but it had not done so.

"The magazine apologised sincerely to the complainant and immediately accepted that the Code had been breached: the complainant had not waived her right to anonymity. Its reporter had told editorial staff on numerous occasions that both sisters had agreed to be identified and understood (incorrectly, it transpired) that the complainant's sister was speaking on her behalf."

The PCC added that the editor took full responsibility for not contacting the complainant directly and that a number of changes had been introduced to prevent another mistake such as this from happening again, such as requiring written documentary evidence that those featured in such a story had agreed to be identified.

The commission said that it was particularly concerned at the "apparent ease with which the story had appeared without sufficient checks having been made with the complainant".

"The preservation of the anonymity of victims of sexual assault is regarded as paramount under the Code, which is particularly strict in this area," PCC director Stephen Abell commented.

"This was an extremely serious breach of the Code that ought never to have arisen, and it is of course right for the magazine to take steps to ensure that such an error does not occur again. The Commission has also requested that these steps be followed up further, given the seriousness of the matter".

John Dale, editor of Take a Break, said: "This was an extremely regrettable error and I sincerely apologise to the complainant. I have informed the PCC of the detailed procedures I have put in place to ensure it never happens again. We publish the PCC Adjudication prominently on page 2 of the current issue."

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