WE ARE A MAGAZINE ABOUT LAW AND JUSTICE | AND THE DIFFERENCE BETWEEN THE TWO
April 18 2024
WE ARE A MAGAZINE ABOUT LAW AND JUSTICE | AND THE DIFFERENCE BETWEEN THE TWO
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Children born of rape to be legally recognised as victims of crime

Children born of rape to be legally recognised as victims of crime

Old Bailey: the central criminal court of England and Wales

Following a decade of campaigning by a woman using the pseudonym ‘Daisy’, the Government have announced a change to the law, which will recognise children conceived through rape as victims of the crime. As a result, access to support and entitlements for these victims will be made more easily available ‘at every stage of the justice system’, in the words of Deputy Prime Minister Dominic Raab.

 

With these changes, individuals born after rape will be entitled to help from victim support services, which have seen their funding quadruple since 2010. This will involve access to therapy and counselling sessions, as well as access to advocacy groups who assist with alcohol and drug misuse amongst other issues. Dominic Raab made clear that the changes are necessary because ‘no child born in these horrific circumstances should be made to suffer alone’.

 

The Centre for Women’s Justice, who supported Daisy in her campaigning, estimate that thousands of children are conceived through rape each year. They also point out that, according to evidence they reviewed, nearly 85% of children born from rape experience behaviours including ‘stunted development, unexplained physical pain, aggressive behaviour or persistent feelings of sadness’.

 

The Centre for Women’s Justice agrees with the Government that the change will result in easier access to support for victims, but also stresses the importance the change will have for documenting and prosecuting historic rape offences.

 

The change will come into force as part of an amendment made last month to the upcoming Victims Bill, following recommendations made by the Justice Select Committee in September 2022. England and Wales will be among the first countries to enshrine this definition of victim into law. The change will cover any child born out of rape regardless of the age they are when the Victims Bill comes into force. The amendment also serves to identify bereaved families and children who have witnessed domestic abuse as victims.

 

Speaking to the Guardian in 2021, Daisy said of her mother’s rape: ‘It’s because of that crime that I’m alive. I’m living, breathing proof of a child rape.’ Daisy’s campaign, and the Government’s move to change the law, comes in response to a growing demand for the recognition of the experiences and needs of individuals conceived through rape.