- Parental responsibility to be automatically restricted where a child is born of rape
- Reforms to also apply to parents convicted of serious sexual offences against any child – not just their own
- Amendments to the Victims and Courts Bill part of Government’s Plan for Change to protect children and restore faith in justice system
Thousands more children will be protected from vile sex offenders under amendments to the Victims and Courts Bill tabled in Parliament today (Monday 20 October).
The new measures will see parental responsibility automatically restricted in cases of children born of rape, and when a parent is convicted of serious sex offences against any child. This means a parent can no longer take active steps in their child’s life, including making decisions over their schooling, medical care or trips abroad.
The move delivers on the long-term campaign of Natalie Fleet MP, Baroness Harman and Jess Asato MP and will provide greater protection for vulnerable children.
Deputy Prime Minister, David Lammy, said:
These reforms mark a crucial step forward in restoring faith in our justice system. Automatically restricting parental responsibility in cases of rape where it has led to the birth of a child and serious child sexual offences sends a clear message: the rights and safety of children come first.
This Government is committed to standing up for victims and ensuring that those who commit the most vile crimes against children are never in a position to cause further harm.
Natalie Fleet MP said:
This amendment will finally offer protection for not only children born of rape, but also the mothers, who have until now always lived in fear of their rapists interfering in the lives of their children through their parental responsibility rights. This change will end that fear.
It puts the rights of survivors above the rights of rapists and signals a landmark shift in how this country’s legal system values safety, dignity, and truth. It will deliver powerful, lasting change for thousands of women and children and I am delighted that this Government has listened to our concerns and acted so swiftly.
To ensure swift protection for families, restriction will happen immediately following sentencing, removing the necessity to apply through the family court.
Restricting parental responsibility for children born of rape protects two victims – the mother and the child – from the influence of abusive and undeserving fathers, whereas removing the right for those convicted of serious sex offences against any child builds on the existing measure to restrict responsibility for those who have abused their own child.
Minister for Victims and Tackling Violence Against Women and Girls, Minister Davies-Jones, said:
These reforms will shield both mothers and children from the heinous actions of predatory parents as part of our mission to halve violence against women and girls in a decade under our Plan for Change.
I’m proud to support these amendments, which build on the tireless campaigning of Natalie Fleet MP, Baroness Harman, and Jess Asato MP who have been unwavering in their advocacy for the protection of children and women.”
This move follows the expansion of the government’s innovative Pathfinder pilot, which aims to improve the court experience and outcomes for children and parents involved in private family law proceedings – including those who have experience of domestic abuse.
ENDS
Further information
- At the introduction of the Bill Clause 3 required the Crown Court to make a prohibited steps order restricting the exercise of an offender’s parental responsibility where they have committed a serious child sexual abuse offence (this includes crimes such as rape, assault by penetration and sexual assault) against a child for whom they hold parental responsibility and have been sentenced to four our more years in prison. The restriction will apply in respect of any child for whom the offender holds it.
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Where it appears to the Crown Court that an automatic restriction would not be in the interests of justice they must not make an order.
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The Government’s amendment to Clause 3 will mean that the provision will now apply to offences committed against any child, not only a child for whom the perpetrator holds parental responsibility. The wider drafting of the provision will remain the same.
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The Government will also table a separate amendment to provide for the restriction of a perpetrator’s parental responsibility where they have been convicted and sentenced for a rape that resulted in the birth of a child. In these instances the restriction would only apply to the specific child that has been born.
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This amendment will require the Crown Court to make a prohibited steps order, at the point of sentencing for rape where the court is satisfied that a child for whom the offender holds parental responsibility was conceived as a result of that rape, unless it appears to the court that it would not be in the ‘interests of justice’ to do so.
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Where it has not been established in criminal proceedings that the child was conceived by rape, the Crown Court must refer the case to the relevant local authority when:
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An offender is convicted of rape
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The court considers that the child may have resulted from the rape The offender has parental responsibility for that child.
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- If the Crown Court is satisfied that the child may have been conceived from rape then they must refer the case to the local authority within 30 days. In these circumstances the local authority will have 6 months in which to obtain the consent of the mother for them to initiate family court proceedings. The local authority will have 30 days from receipt of consent to apply to the family court who will then consider whether any orders (including prohibited steps orders) should be made in the best interests of the child.
