Daisy’s Law’: New research commissioned by Centre for Women’s Justice demonstrates why children born from rape should be recognised as ‘victims’ in law

An evidence review commissioned by Centre for Women’s Justice has found that children born as a result of rape are at risk of suffering serious and long-term harm due to the distressing circumstances of their birth, from infancy well into later life. The publication of this report coincides with the launch of a Policy Briefing by Centre for Women’s Justice, urging the Government to introduce ‘Daisy’s Law’ as part of the upcoming Victims’ Bill – a set of proposals that would recognise children conceived in rape, legally, as victims of crime, and entitle them to specialist care and support.   

The evidence review – carried out for Centre for Women’s Justice by independent researcher Dr Vicky Butterby, and Dr Kate Butterby, a Postdoctoral Research Associate at Durham University – highlights that between 2,080 and 3,356 children could have been conceived in rape within a single year (from January 2021 to December 2021) in England and Wales alone. At the same time, it notes that there is a disturbing lack of research and data examining the prevalence of ‘rape conception’, and its impact on the mothers and children concerned.

An earlier study, which is cited in this evidence review, found, in 2014, that nearly 85% of children born of rape were reported by their mothers to display unusual/concerning behaviours such as stunted development, unexplained physical pain, aggressive behaviour or persistent feelings of sadness.

The research also highlights a range of evidence suggesting that abuse and neglect towards children conceived in rape may be common. Evidence suggests that mothers may feel ‘reminded’ by the child of the rapist – particularly in cases where the child is male – or of the horrific ordeal they have been through. As a consequence, they may experience conflicting and oscillating feelings towards the child, or even (in some cases) neglect the child’s care and their physical health. There is evidence that both mothers and children 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. 

In the wake of this important research, ‘Daisy’ – a campaigner represented by CWJ, who was herself born as a result of rape – will be making renewed calls for Parliament to recognise individuals born as a result of rape as secondary ‘victims of crime’ in the upcoming Victims’ Bill. Affording rape-conceived persons this legal status in statute will, it is hoped, help counter the dearth of safeguarding measures and support currently available for rape-conceived children (and adults), for whom such a discovery can be profoundly traumatic and impactful.

In addition, the recognition of rape-conceived persons as secondary victims – with their own statutory right to pursue a criminal complaint, if they wish to do so – may significantly improve the prospects of historic rape/child sexual abuse offences being recorded and even in prosecutions being brought, where appropriate, in cases where the pregnancy itself is compelling evidence of the crime.

CWJ is proud to be supporting Daisy’s campaign for legislative change.

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