The Justice Committee has today (30th September) published a report on its pre-legislative scrutiny of the Government’s draft Victims Bill, recommending that children born of rape should be recognised as secondary victims and included in the Victims’ Code. This proposal features amongst several other welcome recommendations to strengthen the Bill and improve end-to-end support for victims of crime.
Leading legal charity, Centre for Women’s Justice (CWJ), submitted written evidence for the review proposing an introduction of ‘Daisy’s Law’ - legislation which would recognise children born of rape as ‘secondary victims’ of crime. CWJ have been supporting this campaign brought by their client Daisy, an adoptee who as an adult discovered she had been born as a result of her 13-year old birth-mother’s rape. Daisy fought to have her birth father prosecuted, providing critical DNA evidence to support the prosecution.
Daisy today said:
"After relentlessly campaigning it is a huge step forward for the Justice Committee to recognise the need for those born of rape to be considered as ‘victims’. This is a major step forward and hugely positive. I hope to gain further support to ensure that the justice system recognises and supports children born from rape as victims of this crime and to identify the need for lifelong support for individuals and their families."
CWJ welcome several other recommendations in the report in particular the immediate end to the sharing of victims’ and witnesses’ data between the police and the Home Office for immigration enforcement purposes and the introduction of a complete firewall for those groups. Other recommendations proposed in CWJ’s submission to the Bill for consultation include the independent legal advice for victims in respect of disclosure requests and improvements to the Victim’s Right to Review Scheme.
CWJ welcomes the concerns raised by the report in respect of the current Bill of Rights undermining the rights of victims. As presently drafted, the Bill will severely impact the ability of victims to enforce their rights.
However, disappointingly the report does not go far enough to limit the disclosure of counselling records to only the most exceptional cases and fails completely to address deficiencies in law and practice that can lead to the unjust criminalisation of victims of domestic abuse and other forms of violence against women (VAWG) and exploitation.
CWJ Director, Harriet Wistrich said:
“CWJ welcomes the important recommendation that there is a need for the extension of victims’ rights to children born of rape. The Committee has provided helpful commentary and recommendations on a range of other issues noting the significant weaknesses in the government’s draft Bill. The Victim’s Bill as currently drafted is extremely disappointing and represents a vital but lost opportunity for much needed change.”
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