Children born of rape to be classed as victims of crime
- Published
The law will give children the right to funding for services such as counselling
Children conceived through rape will be officially classified as victims of crime under new government plans.
The changes, due to be made in the forthcoming Victims Bill, will entitle those conceived as a result of rape access to information about their case.
The legal changes will also make it easier for victims to receive support from police and the criminal justice system "whenever they may need it".
The law will cover all sexual offences which can result in pregnancy.
England and Wales are understood to be among the first nations in the world to officially confer victim status to children born of rape.
Announcing the plans, Justice Secretary Dominic Raab 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."
The Commons Justice Committee recommended the amendments to the draft Bill, following calls from campaign groups to change the law.
The statutory 'Victims' Code' sets out the rights available to all victims who report a criminal offence to the police.
The cross-party Justice Select Committee found individuals who believe they were born as a result of rape currently find it "unnecessarily difficult" to get help, including information about their case, because they are not defined by the Code as victims - and guidance is unclear.
The change in law will entitle them to make a complaint to the police, in their own right - and to receive information and access support in the same way as any other victim of crime.
Under the ministry's plans, that help could be accessed at any point in their lives, to address issues including alcohol or drug dependency, education and housing benefit.
Research by academics for the Centre for Women's Justice (CWJ), who lobbied for the change, estimate that more than 3,000 children may have been conceived after rape in England and Wales in 2021 alone.
The change, dubbed 'Daisy's Law' by the CWJ, stems from the case of a campaigner who was born as a result of a rape in the 1970s.
Daisy, who is due to speak to Newsnight about her ordeal on Monday, began a long campaign for justice after discovering details of her conception from birth records when she turned 18.
Daisy, who was adopted as a baby, discovered that her birth father, Carvel Bennett, then 28, had raped her birth mother at the age of 13. Police investigated the case but it did not go to court.
Recognising that her birth proved the rape, Daisy pursued a criminal case with the hope of convicting her birth father.
In legal terms, it was her mother - not her - who was a victim of rape, and it took over a decade before the case went to court.
Police then opened an investigation after the BBC highlighted Daisy's story in 2019.
At the age of 74, her birth father was convicted in Birmingham of rape in August 2021.
Speaking to the Guardian, external, she described the decision to extend the definition of a victim as "momentous".
She said: "I'm still waiting for it to sink in. I hope this changes things for others impacted by being born of rape and at the very least will make them feel they are not alone."
The CWJ said there was evidence that both mothers and children who are rape victims will "often suffer from attachment difficulties and poor mental health, which in turn can profoundly negatively affect a child's development and educational outcomes, as well as his/her wellbeing in adulthood".
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