Children born as a result of rape will be officially recognised
as victims of crime and receive better support under changes
announced by the government today (19 January 2023).
It means England and Wales will be among the first countries in
the world to enshrine in law that individuals born in these
horrific circumstances should be treated as victims in their own
right.
The government will amend its upcoming Victims Bill to make this
change to clarify that these children are entitled to support
from criminal justice agencies such as the police and courts.
At present, the lack of explicit reference to people born as a
result of rape in the Victims’ Code makes it unnecessarily
difficult for them to claim support and entitlements such as
being provided with information about their case.
It follows a recommendation from the Justice Select Committee who
fed back on the government’s draft bill in September 2022. The
landmark piece of legislation seeks to put the needs and voices
of victims firmly at the heart of the justice system and increase
the accountability of agencies for the service they provide to
them. It includes a new duty on the CPS to meet victims in
certain cases before trial.
It is estimated that thousands of children are conceived from
rape each year and the government is determined to ensure they
receive the support they deserve.
Deputy Prime Minister, Lord Chancellor and Justice Secretary
said:
No child born in these horrific circumstances should be left to
suffer alone, which is why we must ensure they can access vital
support whenever they may need it.
Our Victims Bill will amplify their voices and boost support for
all victims at every stage of the justice system.
Since 2010 funding for victim support services has quadrupled as
part of the government’s commitment to deliver better outcomes
for victims and this change will provide these people with better
access to the wide range of support all victims of crime should
expect.
This includes making it easier to access therapy and counselling
sessions. Such support will help deconstruct self-blame and
shame, help victims come to terms with family issues and offer
psychological guidance to develop coping mechanisms for
processing difficult emotions.
The change will also provide greater recognition from support
services, including from advocacy services, who can help with a
range of issues such as alcohol and drug misuse and provide
guidance on accessing education and housing benefit.
The amendments apply to children born as a result of rape
whatever age they are and will cover all sexual offences which
can result in a pregnancy, for example, position of trust
offences.
Notes to editors
- Where persons born as a result of rape have suffered harm,
they are already eligible to claim Victims’ Code entitlements.
- However, the government recognises that the current Code does
not explicitly reference them or specify which entitlements they
may reasonably claim, which can mean in practice some people in
these circumstances are not always recognised as victims.
- That is why the government has accepted the Justice Select
Committee recommendation to recognise a person born as a result
of rape in the Victims Bill and in the new Code.
- A study by the Centre
for Women’s Justice estimates that potentially thousands of
children are being conceived in rape each year.
- The Victims Bill aims to put victims at the heart of the
criminal justice system. The Bill will help victims to have
confidence that there is the right support available and that if
they report crime, the criminal justice system will treat them in
the way they should rightly expect.
- The government is unaware of any other country bringing
forward the change and its work on the amend suggests we are
among the first countries to enshrine this in law.
- The government has committed to quadrupling funding for
victim support services by 2025 compared to 2010, including
investment to increase the number of Independent Sexual
Violence Advisors and Independent Domestic Violence Advisors
by 300 to over 1,000 by 2024/25.
- More information can be found on GOV.UK: Plans to
put victims back at the centre of justice system published -
GOV.UK (www.gov.uk)
- Please see the full response to the pre-legislative scrutiny
on the Parliament website: Pre-legislative scrutiny of
the draft Victims Bill - Committees - UK Parliament
