‘Daisy’s Law’: one woman’s tireless campaigning supported by Centre for Women’s Justice results in landmark legal change
The Government has today announced that the long-awaited ‘Victims’ Bill’ will now extend the definition of a ‘victim’ to include people who are born as a result of rape. The UK may be the first country in the world to officially confer victim status to children born of rape.
This decision follows a public campaign by ‘Daisy’, a woman who was born as a result of a historic rape in the 1970s and whose birth father was brought to justice in 2021.
‘Daisy’ has long argued that children who are born as a result of rape are often profoundly impacted by the circumstances of their birth, and suffer a range of harms long into adulthood. In ‘Daisy’s’ case, she was taken into care when she just a few days old, and eventually transracially adopted by a white family in another part of the country. She has spoken about the devastating impact that it had on her when she discovered, as an adult, that her birth mother had become pregnant with her when she was just 13, and that her birth father had never even been prosecuted for the crime.
On 30 September 2022, the cross-party Justice Select Committee endorsed submissions made by the Centre for Women’s Justice in support of ‘Daisy’s Law’, and recommended that the definition of victim should be extended within the draft Victims’ Bill.
The Government have now endorsed this recommendation and intends to amend the forthcoming Victims Bill to include this provision so that such victims will be recognised in thestatutory ‘Victims’ Code’, which sets out the rights available to all victims who report a criminal offence to the police. The Government’s report can be found here.
The change in law will entitle individuals who believe that they were born as a result of rape 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.
‘Daisy’ also hopes that the change will raise awareness, in the longer term, that people born of rape are often at risk of serious harm, given the defining impact that this can have on their lives and relationships from birth. She hopes in the future there will be better understanding of their experiences, and that children born of rape will be better supported to overcome the trauma surrounding their birth.
Daisy today said
“This is incredible but yet the right decision. My campaign started because a child was raped and not believed, leaving a perpetrator to walk free and be of risk to other children for over 40 years. I want to take this moment to note the bravery and courage of my birth mother.
I hope other people impacted by rape conception now feel seen, and the trauma for many of us in some way acknowledged. Thank you to CWJ, everyone who has supported, donated to the CrowdJustice campaign and continues to offer encouragement. To all those impacted by rape conception, I hear you.”
In a statement released today, the Justice Secretary and Deputy Prime Minister Dominic Raab MP 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.”
Kate Ellis, ‘Daisy’s’ legal representative at Centre for Women’s Justice, said:
“‘Daisy’ has led an extraordinary campaign. Motivated by her own experiences, she has set in motion a vital conversation about the ‘hidden harms’ suffered by children who are born as the result of a sexual crime.
We hope that this change in the law will not only ensure support for people born of rape who contact the police – but also enable them to play a crucial role in supporting a police investigation. Sometimes, as in ‘Daisy’s’ case, a child who has been conceived by rape may even provide a crucial DNA link that enables the perpetrator to be convicted, so it is extremely important that they are fully supported to engage with a police investigation.”
For more information about Daisy’s story, please visit this link.
In 2021 Centre for Women’s Justice commissioned an evidence review, led by Dr Vicky Butterby and Dr Kate Butterby of Durham University, examining the range of harms suffered by children conceived in rape, which can be found here.