Press Release: Criminal injuries compensation awards – rules designed to exclude rape victims

PRESS RELEASE . . . PRESS RELEASE . . . PRESS RELEASE . . . PRESS

Women Against Rape says hundreds of vulnerable victims of rape and other sexual offences are denied statutory help as a result of rules designed to exclude as many victims as possible from compensation.

The new figures we release today come from an analysis of victims we helped to apply to the Criminal Injuries Compensation Authority (CICA) or to appeal a refusal in the past five years (2012-2017). We found that victims often cannot apply without help through complex and rigid rules, and that many are so traumatised by the CICA refusal that they don’t appeal.

OUR FIGURES

Of 75 applicants, 20% were refused any award. In most cases the refusals were made despite the attacker having been jailed for the rape. In other cases, women were unable to get their attacker jailed and this was used to refuse them compensation, despite CICA needing a lower standard of proof (on the balance of probabilities) than that required for a criminal conviction (beyond reasonable doubt).

In half these cases, the rules had been set by Parliament, leaving CICA officials no discretionary power, whatever the circumstances. These rules are:

1. “Same Roof Rule”: Victims raped before 1 October 1979 by someone living in their household are not entitled to compensation[1]. Five (6.6%) of the women we worked with were refused under the Same Roof rule. Nationally, 174 such claimants have been refused since 2012. (FOI question, 2017.) These are truly distressing refusals; mostly of people who were raped as children by their own father. Most of them recently got their attacker jailed, after years of suffering, but despite this are still denied compensation.

Alissa Moore, who waived her anonymity, was denied an award because she moved out of the family home before October 1979, thus ending her father’s abuse. She said that when she was refused an award in 2015, “I was so crushed and shocked, it took me a couple of years to recover.”

Another woman’s Same Roof case is listed for the Court of Appeal on 13-14 June.

2. Victims with criminal convictions are often refused compensation – 11% of applicants we helped had been refused or suffered a substantial reduction of compensation under this rule. Nationally, figures obtained by Harriet Agerholm of The Independent show at least 398 victims of sex abuse have been refused payments since January 2015 because they had been convicted of a crime.

Kim Mitchell waived her anonymity when she was refused an award some months ago, for sexual assault when she was eight by her teacher. This refusal was based on an unspent conviction – she was given a community sentence for threatening her employer who had withheld a substantial amount of wages due. She said, “I didn’t commit a crime aged eight. The disbelief and injustice I faced has been just as traumatizing as the assault itself.”

Among other cuts to the Scheme in 2012, Parliament made rules even more punitive. Now, applicants can’t get compensation if they have any unspent criminal conviction, even for minor offences such as not paying a TV license, underage drinking, or a minor altercation – offences not serious enough to send one to prison. This is punishing very vulnerable victims who were raped or sexually assaulted as children, like Kim Mitchell. It is unjust to deny compensation for the violent crime of rape for such minor misdeeds. Rape victims are punished twice: first by criminal proceedings against us, and then by the compensation scheme. Imagine if everyone with a minor conviction was suddenly refused NHS treatment, housing or schooling!

An interim report from the Independent Inquiry into Child Sexual Abuse released in April recommended that the Same Roof Rule be abolished and that criminal convictions resulting from abuse should not be used to deny compensation.

In the other half of our cases, victims fell foul of CICA’S harsh discretionary and biased decision-making. Echoing Theresa May’s hostile environment for immigrants, decisions at CICA have similarly become less compassionate, under the 2012 drive to cut costs. So much for government claims to support victims of domestic and sexual violence.

Rules that give CICA wide discretion are often used in a discriminatory way against victims of sexual crime, such as:

• being deemed to have consented to sex with an adult man despite being well below the age of consent (a 2017 campaign forced them to stop this);
• not applying within the two-year limit;
• pulling out before trial (called “not co-operating with a prosecution”);
• being disbelieved, sometimes on the basis of hostile police evidence following a careless or biased investigation.

Last year Dr Olivia Smith, of Anglia Ruskin University, published research having interviewed 25 independent sexual violence advisers (ISVAs) who had helped thousands of rape victims. Like us, Smith found that eligibility rules “impact more on vulnerable survivors.”

Immoral conduct like soliciting should not be used to reject claims, but some of the ISVAs Smith spoke to said this regularly occurs. Sex workers are among those who face social stigma, including at CICA. This echoes our experience that prejudiced CICA officers can unfairly deny victims of violence an award. While some victims are considered blameless, others are held partly responsible for being attacked, labelled “bad conduct” by CICA. This is just victim-blaming, with judgements dividing women into “good” and “bad” victims. Nobody should be blamed for sexual violence against them.[2]
WAR’s campaign for change represents hundreds of victims across the UK, and their supporters. Spokesperson Lisa Longstaff said,

“There is ample evidence of a pattern of discrimination against victims of sex crimes. We can’t allow this institutional injustice to continue. In campaigning together, survivors learn about each other’s cases, make connections and find they are not alone in having been refused. We spoke out when Parliament harshened the rules in 2012. Now it must revoke them.”

We win 95% of claims on first application or on appeal, but many women have nobody to help them. WAR wrote to the government in July raising five punitive rules under which victims of rape are unjustly refused compensation. The MOJ replied that it has no plan to address these issues. However, last year they backed down following a public outcry after five national charities publicised that CICA had denied compensation to over 700 people raped when they were under 16, claiming they had consented, despite being under the legal age of consent.

In the age of #MeToo and #Time’s Up social media campaigns, government claims to care about sexual and domestic violence are not credible. We have sent an Open Letter signed by over 20 organisations and over 40 lawyers, academics and other individuals calling on government to ensure compensation is no longer denied to victims of rape and other violence.

NOTE to Editors: Since 1964, CICA has administered State payments to victims of crime, providing cash help according to their injuries. Given that the conviction rate for reported rape is just 6%, compensation may be the only official acknowledgement available to most victims. Official acknowledgement is vital for healing and future wellbeing. The money can help with costs resulting from injury, for example, specialist health treatments. CICA’s total spending has dropped significantly – from £440m in 2012 to £143m last year. [Source: The One Show, BBC TV, 20 March 2018]

Footnotes:
1. The Rule was overturned but was not made retrospective for crimes that occurred before 1 October 1979.
2. The introduction to the online guidance for the 2012 Scheme says it is to compensate “blameless victims of violent crime”.

Recent cases in which WAR assisted victims to appeal and to speak out

Kim Mitchell was refused compensation for sexual abuse by her teacher when she was eight. CICA said her minor unspent conviction made her ineligible. On review, CICA upheld its refusal.

Alissa Moore, whose father was jailed in 2015 for 24 years for multiple child rape, was refused compensation as the crimes were before 1 October 1979 when they lived in the same house (‘Same Roof’ rule). Her sister whose abuse continued after 1 October 1979 won compensation.

Ms A, now in her 50s had been raped at age 13 by her adult brother, and she bore a severely disabled child. Years later (after their mother died) she reported it, and on DNA evidence the man got a 25 year sentence. She was refused compensation as they briefly lived in the same house at the time of the rape (‘Same Roof’ rule). An appeal upheld the refusal.

In 2016 WAR gave evidence in a path-breaking judicial review that overturned a 40% reduction made to a woman who had pulled out before the trial of her rapist husband under pressure. She had been jailed for perverting the course of justice for what the CPS called a ‘false retraction’. CICA had ruled that she failed to cooperate with the prosecution by retracting her truthful complaint of rape. The Guardian reported, ‘“We hope the CICA will accept the significant trauma this crime has caused,” said David Malone, the barrister, who acted pro bono, along with Adrian Waterman QC and solicitor Mike Hayward at Woodfines.’ He said the case clarified the law for CICA and ‘…Never again should the CICA put victims in the same position.’ However, the judge was unable to reinstate a further 30% reduction for two minor driving convictions in the traumatic months after her release from prison.

In 2015 WAR represented Ms B at a judicial review to challenge judgements by the police and the CICA appeal panel dismissing rape as ‘rough sex’. She had suffered injuries from the rape. The judge upheld her right to compensation, and sent it back to CICA for another hearing, but she was too traumatised to continue and withdrew.

A girl with mental health problems aged 13 was raped by an adult man who plied her with vodka. She had been deemed by the CICA to have consented, although she was below the legal age of consent and he had been convicted of giving alcohol to a minor. At her appeal the police gave evidence against her, and she was cross examined aggressively by the CICA lawyer. She was suicidal. We made a formal complaint. With the help of Duncan Lewis solicitors this refusal was overturned at judicial review, and she finally won an award.

A young woman raped by a cab driver was denied 30% of her compensation award as she had been later prosecuted for driving while marginally over the drink-drive limit. With our help on appeal the reduction was lowered to 20%.

Ms C who delayed applying to CICA until the trial process was over had been denied compensation because it took her over CICA’s two year limit. It is common for rape trials to take over two years to conclude. Police generally advise women to wait, as defence lawyers often raise compensation as a motive to lie. WAR helped her appeal, and she won.

Ms D whose domestic rape had not been investigated properly complained to the police. Unusually, the complaint was upheld. She was refused compensation on grounds that the CPS had ruled there was insufficient evidence to take it to trial. On appeal, she argued that the CICA is supposed to apply a lower standard of proof than the CPS and courts. She won on appeal.

We helped Ms E to fill in the application form, as she was too traumatised to do it. She won an award. Her foster father ran a children’s home, and had raped her over many years as a young child. She said, “Why do I have to prove myself to CICA, when my rapist was convicted?”

Ms F was raped by her date. She did not report it at the time as she assumed she would not be believed. She came forward when he was convicted of violence against two other women. But the investigating police officer made sexual advances to her, and she was too traumatised to continue, so she withdrew from the investigation. When she applied to CICA they refused her any award because she had failed to co-operate with the prosecution. We helped her appeal, but our written submission in her support did not succeed. She got nothing.

Please contact WAR to arrange interviews at war@womenagainstrape.net
www.againstrape.net Crossroads Women’s Centre, 25 Wolsey Mews, London NW5 2DX Tel: 020 7482 2496 Fax: 020 7267 7297

Family courts failing to uphold human rights for victims of domestic abuse, according to Queen Mary report

Family Courts are failing to recognise and protect survivors’ human rights by not giving victims of domestic abuse a safe and fair hearing which is putting their children’s safety at risk, according to a joint report by Women’s Aid and Queen Mary University of London.

30 May 2018

Survivors of domestic abuse face a lack of protections within family courts according to a new report from Women’s Aid and Queen Mary University of London.

The report, “What about my right not to be abused?” Domestic abuse, human rights and the family courts, found that nearly a quarter of suvivors (24 per cent) reported that they had been cross-examined by their abusive ex-partner during court hearings, which breaches survivors’ human right to be free from degrading treatment.

The report also uncovered systematic gender discrimination and a culture in the family courts that silences women by failing to uphold the human rights of survivors.

[From what the report reveals about the bias towards men in family courts, more needs to change than simply stopping abusers cross examining their victims in court, which the government has accepted but delayed enforcing for many months now – see more about the report’s findings here https://www.qmul.ac.uk/media/news/2018/hss/family-courts-failing-to-uphold-human-rights-for-victims-of-domestic-abuse-according-to-queen-mary-report.html.]

SOSA demand proportionate payment for those abused at Shirley Oaks home

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BY TOBY PORTER

toby@slpmedia.co.uk

Historic child abuse victims are contemplating employing a top human rights lawyer after it emerged some of them will get the same compensation as people who were in care homes the same length of time but did not suffer abuse.

More than 400 victims of an organised paedophile ring within Lambeth’s children’s homes, going back as far as the 1950s, have now applied for payments under the town hall’s redress scheme.

But it has emerged in recent weeks that everyone who was placed in the homes for six months or more will get £10,000, whether or not they were victims of the ring.

Those who were just placed there for the same six-month period, but were not racially or sexually abused, will get the same £10,000 compensation.

Some people, who had previously been assessed as being entitled to, for example, £6,000 or £8,000 compensation for sexual or racial abuse they suffered, are not getting that extra compensation if they have already had their £10,000 payment for being in “harm’s way” – which anyone who was in the homes for more than six months is entitled to.

Some people assessed as entitled to £20,000, because of the abuse they suffered, are now getting another £10,000 on top of their £10,000 “Harm’s Way Payment” (HWP). But they are unhappy that they will not receive the £20,000 on top of the HWP.

… see more at 

The Rohingya women traumatised by mass rape

by Cristel Amiss of Black Women’s Rape Action Project & Lisa Longstaff of Women Against Rape. Published 17 March 2018 in Morning Star (see morningstar.online.co.uk)

A new report, Rape by Command published by Kaladan Press Network, documents mass violence against women and girls by the Myanmar military, in its 2017 purge of Rohingya people across northern Rakhine State.

We met Pippa Curwen, a human rights defender, who helped publish the research. She has been involved in life-saving work on the Thai-Myanmar (formerly Burma) border for over a decade.

The chief researcher of the report is lawyer Razia Sultana, a former teacher. She interviewed 36 survivors – 24 women and 12 men who had just arrived on the border with Bangladesh having fled for their lives.  They described the torture they had suffered and what they had seen inflicted on others – horrific crimes committed by the military during their August 2017 campaign to ethnically cleanse the northern Rakhine state where many Rohingya had lived.  Eight were rape survivors.

Sultana is from the region and this is the closest we have to the authentic voices of the Rohingya themselves, uncensored by the interpretations of outside observers or academics.

Sultana had recorded earlier witness evidence of atrocities in 2016. The Background chapter tells how the Myanmar government had refused visas to independent international investigators, instead installing its own “Rakhine Investigative Commission”, which did not report any instances of abuses during the whole 2016 military operations. This impunity gave a green light to atrocities on an even larger scale in 2017.

“Women and girls were raped, mutilated and killed for their very identity as Rohingya. Rape is being used as a weapon of genocide.”

Sultana documents testimony that hundreds of women and girls were gang-raped in front of their loved ones by groups of Myanmar soldiers as their homes were ransacked and destroyed.  Often, these rapes were accompanied by other horrific violence using knives, burning and other forms of torture.  Women and children were brutally attacked in their homes, while fleeing, and in military camps where they were held prisoner.
She notes that particular acts of mutilation of women’s breasts and genitals, indicate that the violence was the result of a directive, rather than individual soldiers’ actions.  Atrocities were authorised by the military and the border police which systematically cleared Rohingya communities from the countryside and towns, razing their homes, leaving only non-Muslim villages intact.  They aimed to extinguish the very existence of the Rohingya.

As an immediate precursor to violence targeting women and children, Myanmar troops invaded the villages, rounding up men and boys for arrest, torturing and killing, often using allegations of “terrorism”. This left women and children alone and vulnerable and paved the way for mass rape.

Given the systematic organisation of the military raids, with were co-ordinated by the armed forces from the sea, air and on land, the report concludes that war crimes have been committed.  It calls for the military leaders at the highest level to be held responsible.

Myanmar has so far blocked any independent UN fact-finding investigation.  This is being used as a pretext for some governments to take no action at all, and to carry on supporting investments with the excuse that they are waiting for an official UN report.
The country’s de-facto leader Aung San Suu Kyi has refused to mention the Rohingya to the outrage of people around the world who supported her when she was under house arrest.  Some experts have avoided acknowledging that this mass rape and murder is genocide.

As anti-rape organisations with over 60 years of combined experience of working with survivors of rape, including historic child and domestic abuse in the UK, we know how hard it is to get justice.  Some of us have fled to the UK after suffering rape and torture by military or others in authority.  Our collective self-help with survivors, and our attempts to hold their attackers to account, addresses the trauma of rape, of witnessing loved ones killed, and the many barriers to recovery faced by victims of sexual and racist/Islamophobic crimes. These are compounded by losing your home and/or becoming a refugee.

There are now 900,000 Rohingya in the camps of Bangladesh who need our support and action. Rape by Command calls for:

  • Holding the military to account for systematic rape and other violence against civilian women and children. No impunity for the Myanmar military!
  • A place of safety for all the refugees to settle and rebuild their lives. They must not be forced back to Myanmar.  The majority who want ultimately to return must be guaranteed rights and safety.

The Sisters of Rohingya are demanding sanctions against Myanmar, not just military sanctions, and an end to foreign investment.  On International Women’s Day, 8 March, we joined a large and lively picket outside Unilever HQ, London, calling for the company to divest from Myanmar.


Unilever is one of the biggest foreign investors in the region, annually investing $667m.  It claims to respect the dignity and rights of women and girls, especially in its marketing of Dove products, and has been named “Impact Champion” by UN Women.  It’s time it put this into practice by withdrawing from Myanmar instead of enhancing the funds available to the military government.

The Unilever protesters handed in a letter to Chief Executive Paul Polman (who was paid £9.4m in 2015) urging him to divest.  The international movement against sexual violence, from Hollywood to #MeToo and Time’sUp, must be extended to the Rohingyas – women, children and men.

Corporations must be forced to put life before profit and to stop funding rape and genocide.  We are all sisters and brothers of Rohingya.

Cristel Amiss is a member the Black Women’s Rape Action Project and Lisa Longstaff is a member of Women Against Rape.

You can support the campaign by using the hashtags  #No Peace  #No Dove
For more information please email bwrap@rapeaction.net; follow @bwrap1; or email war@womenagainstrape.net ; follow @AgainstRape; or visit the Sisters of Rohingya blog sistersofrohingya.wordpress.com. You can see the full report Rape by Command at: www.kaladanpress.org

Open Letter for compensation to Secretary of Justice

Rt Hon. David Gauke
Secretary of State for Justice

 

6 June 2018

Dear David Gauke

We collectively represent the experience and demands of thousands of survivors of rape, domestic violence and sex crimes suffered as children or adults.

The Criminal Injuries Compensation Scheme is discriminating against victims of sexual crimes – even in some cases where our attacker was sent to prison. Winning justice and compensation is official recognition and a crucial step to recovery. It is particularly important for those whose attacker evaded prosecution – the vast majority of rape and domestic violence survivors.

There are several ways in which the Scheme should be updated. We appeal to your government to urgently change the following rules and practices:

1.   The Criminal Injuries Compensation Authority (CICA) denies compensation to victims who delayed reporting to the police – Paragraph 23.
Rape can be so traumatic to the victim that they may be unable to speak about it for some years. Many also experience pressure from others to stay silent.

2.   Victims below 16, the legal age of consent, are denied compensation.
The legal definition of rape is not necessarily applied by the CICA in relation to child victims. Since 2012 over 700 girls were refused compensation because the CICA decided they had ‘consented to sex’ despite being below the age of consent, and even where their attacker had been prosecuted and convicted. How can the CICA be allowed to contradict the criminal law in this way? Embarrassing publicity recently forced the government to think again about definitions of rape of children. But they only told the CICA to take ‘grooming’ into account. Not all girls who were raped by adult men were first groomed and therefore the CICA can still say they consented.

3.   Living under thesame roofwith your attacker before October 1979 disqualifies you from receiving compensation – Paragraph 19.
Before 1979 the rule was that if your attacker lived in the same household as you, you were not entitled to compensation. It denies compensation to victims even those whose rapist was convicted. The excuse was that your attacker might benefit from your award. In 1979 that rule was abolished, but it was not made retrospective. Between 2008-2013, 502 victims of rape were denied an award under this discredited rule. A significant proportion of rapes are committed by family members, and are among the most injurious. Retrospective payments must be awarded to those who have been denied.

4.   Victims of rape who have criminal convictions are denied compensation – Paragraphs 25-27.
Since 2015, at least 385 victims of sexual violence had been refused because of a conviction.[1] Unspent convictions for non-violent and minor offences, including theft, drink-driving or an unpaid TV licence are routinely used to deny victims an award. The CICA claims that the state having once prosecuted us nullifies any claim we have for compensation as it was a drain on public resources. Instead, they should value the public service we performed of bringing a rapist or other violent criminal to justice, protecting everyone’s safety. To punish us twice – first for the crime that we committed, and secondly for the crime committed against us – is discriminatory. This affects some of the most vulnerable victims, penalising those who may have been criminalised as a result of the rape trauma they have endured. Victims often self-medicate with drugs or alcohol to soothe their pain, and then get convicted. Sex workers, even those without criminal convictions, face moralistic judgements on their ‘character and conduct’. We don’t want divisive moral judgements by the CICA as either good or bad victims.

5.   Time limit – Paragraphs 87-89.
There is a two year time limit after the crime to make a claim, or if it occurred when the victim was a child, two years from our 18th birthday. This rule disregards the common delays and pressures we face in rape investigations and trials. Also, the police advise victims not to claim until the end of a trial as defence barristers often argue that compensation is a motive for a false allegation. Delays may put a claim out of time through no fault of our own. Secondly, the trauma of rape and the prosecution process prevents many victims from applying within two years. The time limit must be extended to at least five years, longer for those raped as children.

6.   Victims have to co-operate with the prosecution as far as reasonably possible – Paragraph 23.
Many drop out because of trauma, intimidation by their attacker, lack of confidence in the prosecution process, lacklustre investigation or hostility from the police. Yet the CICA rarely accepts victims’ legitimate reasons to withdraw from the prosecution – even, as in one case, the shock and fear of being sexually harassed by the police officer investigating the rape was rejected as a valid reason for the victim to withdraw. When the police are hostile and give evidence against an award, the CICA invariably values their word over the victim’s.

7.   There is no legal aid and unrepresented survivors can face hostile and upsetting questioning by CICA lawyers.
A CICA hearing can be worse than a criminal trial – with questions like, what we wore and why we didn’t scream. CICA appeals which are held in private, evading public scrutiny, have fallen behind updated protection for vulnerable witnesses in criminal courts and other hearings. The CICA internal guidance for questioning vulnerable witnesses is neither public nor transparent and thus evades legal challenge.

Compensation is often the only official acknowledgement of rape we get, given the low conviction rate of 6%. An award can speed recovery, as many women suffer catastrophic mental and physical injuries. Patients struggle to get treatment from the depleted NHS and dwindling therapeutic services – many face years on a waiting list and rationed appointments. In addition, we suffer life changing impacts such as losing a job, eviction, marital breakdown, being unable to cope with children, fear of public transport . . .

The basic award for rape is a mere £11,000, and this does not stretch far. Amounts should be increased, and decisions speeded up. There is a minefield of rules which put people off, as described above. Most don’t even know the Scheme exists or applies to them.

Yours sincerely,

signed so far by the following organisations:
Black Women’s Rape Action Project
Cambridge Rape Crisis Centre
CARA (Centre for Action on Rape and Abuse), Colchester
Cohen Cramer Solicitors, Mike Massen, Partner
Colchester & Tendring Women’s Aid
Coventry Rape & Sexual Abuse Centre (CRASAC)
Davenport & Cale Green Branch Labour Party
Disabled People Against the Cuts
Dundee Women’s Aid
English Collective of Prostitutes
Legal Action for Women
National Association for People Abused in Childhood (NAPAC)
Psychotherapists and Counsellors for Social Responsiblity
Psychologists for Social Change
Psychologists and Counsellors Union
Rape Crisis England and Wales
Rape Crisis Scotland
Solace Women’s Aid
Somerset & Avon Rape & Sexual Abuse Support
Taxpayers Against Poverty
WinVisible – Women With Visible and Invisible Disabilities

and the following individuals:

Adrian Williamson QC, Keating Chambers
Ahmed Aydeed, Director, Duncan Lewis
Alexandra Wax, Reg. MBACP, MA, Savernake Counselling, Wiltshire
Anna Rose, Psychotherapist
Avigail Abarbanel, Psychotherapist/supervisor
Bernadette McAliskey, Belfast
Cohen Cramer Solicitors, Mike Massen, Partner
David Malone, Red Lion Chambers
Dr Emma Katz, Liverpool Hope University
Helen Race, Independent Sexual Violence Adviser, Brighton
Dr Jamie Bird, Health & Social Care Research Centre Manager, University of Derby
Dr Jay Watts, Consultant Clinical Psychologist and Psychotherapist, Queen Mary, University of London
Joseph Suart, Psychoanalytic Psychotherapist UKCP registered, Cornwall
Dr Lilia Giugni, Cambridge Judge Business School, Gender & Policy Insights CEO
Dr Linda Asquith, Course Director, BA (Hons) Criminology, Leeds Beckett University
Dr Lisa Long, Senior Lecturer-Criminology, Leeds Beckett University
Molly Carroll, Hearing Voices Network & Clinical Practitioner, NHS
Dr Olivia Smith, Senior Lecturer in Criminology, Anglia Ruskin University
Dr Rachel Killean, Lecturer, School of Law, Queen’s University Belfast
Sasha Barton, solicitor
Dr Tina Skinner, Senior Lecturer, University of Bath

and 24 other individuals

Add your Organisation or law firm by emailing us –
please specify if you are signing on behalf of this organisation

Please return signed to Women Against Rape via email war@womenagainstrape.net
Or post to WAR, Crossroads Women’s Centre, 25 Wolsey Mews, London NW5 2DX

 www.againstrape.net  Twitter: #AgainstRape             Phone: 020 7482 2496

[1] ‘Hundreds of sexual assault victims refused compensation for minor convictionsIndependent; ‘Rape victims denied compensation for petty convictions’ – Guardian and ‘Hundreds of rape victims denied compensation’ Scottish Herald

 

Justice and protection for Rohingya women and girls – in support of call for Unilever to disinvest from Myanmar

International Women’s Day, 8 March 2017, London

Statement by Black Women’s Rape Action Project & Women Against Rape

We strongly condemn the ethnic cleansing, widespread torture, killings and   systematic rape and sexual torture of women and girls by the Myanmar Army, as part of its genocide against the Rohingya people.

A report, Rape by Command, compiled and published by the Kaladan Press Network documents horrific crimes committed against women and girls in 2017 across Rakhine State; in their homes and communities, or while fleeing the murderous army during its purge.

The chief researcher of the report, Razia Sultana, personally interviewed 36 survivors about what they had suffered and witnessed happening to many others. She concluded that “Women and girls were raped, mutilated and killed for their very identity as Rohingya. Rape is being used as a weapon of genocide.”

We are anti-rape organisations with over 60 years of combined experience of working with survivors of rape, including historic child and domestic abuse in the UK. Some of us have fled to the UK after suffering rape and torture by military or others in authority in other countries.  We know first-hand the trauma of rape, of witnessing loved ones killed, and of the barriers to justice and recovery faced by victims of sexual crimes, in addition to losing your home and/or becoming a refugee.  Women everywhere face disbelief, discrimination and harsh treatment but the movement internationally is enabling survivors to speak out and demand safety and our attackers brought to justice.  Right now we are supporting women in Yarl’s Wood detention centre who are on hunger strike exposing their brutal and inhumane treatment.

We echo the main demands in the report:

·       Hold the military to account for this systematic rape and other violence against civilian women and children.  It is clear from the reports from the region that these crimes are not random but the result of soldiers acting under orders. No impunity for the Myanmar military!

·       A place of safety for all the refugees to settle in, they should not be forced back to Myanmar.

We further support the call from Sisters of Rohingya that Unilever divest from Myanmar, to withdraw funds to the military and encourage other corporations to put people’s right to life before profits.

We call on international movements from Hollywood to #Me Too and Time’s Up to put this issue into the spotlight and say: stop corporate funding for; rape and genocide!  #No Peace  #No Dove

Contact us:

bwrap@rapeaction.net; @bwrap1; war@womenagainstrape.net @AgainstRape

Crossroads Women’s Centre, 25 Wolsey Mews, London NW5 2DX

Read more at https://sistersofrohingya.net/

 

 

 

Family Courts on Trial – 8 March event

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Please join us on 8 March, International Women’s Day. We will taking part in the speak out called by the Global Women’s Strike to put the Family Court on Trial (details below).

We have seen a massive rise in calls for help from mothers whose children are being taken into care or even adoption, when they report rape or domestic violence. They are routinely disbelieved or blamed for causing their children “emotional harm” while the perpetrators get away with it. The drive to prioritise fathers’ ‘rights’ overrides all other considerations, with violent fathers being given contact and residence. Children and mothers are being abused and even killed as a result.

Poverty imposed by austerity cuts – 86% of which have targeted women, depriving us of escape routes – is also used to accuse mothers, especially single mothers, of ‘neglect’ and take our children.

Mothers all over the UK are fighting for our rights to care for and protect our children from this child abuse by the state. Please bring your evidence.

Women Against Rape

Facebook event here. Follow us on Twitter @WomenStrike.

 

 

Supreme Court today: rape victims vs Theresa May and police

Featured

UPDATE: The Supreme Court upheld the women’s claim – a significant victory for all rape survivors!

Today 21 February, the Supreme Court will give the verdict on a police appeal to overturn a high court decision which protects rape victims.  This shameful appeal was backed by Prime Minister Theresa May.

Biased and negligent police investigations are a major reason the conviction rate for reported rape remains a disgraceful 6%.  For decades victims of rape have fought for their right to thorough investigations and for the gathering of evidence that could result in the prosecution of their attackers.  In the John Warboys case (prosecuted in 2009), police hostility to his victims enabled him to sexually assault over 100 women with impunity.  One victim spoke publicly about how the police laughed in her face at her reporting a taxi driver.

In a pathbreaking case in 2014, two of Warboys’ victims used Article 3 of the Human Rights Act to uphold their right to state protection from serious violence (police investigation of crime), and won damages for inhuman and degrading treatment.

Other victims had previously taken similar legal actions. In 2012 Ms X won compensation from the Met after suing the police for breach of policy on the investigation of rape.  Ms X worked with WAR for seven years to uncover what went wrong.  After an in-depth IPCC investigation which spelled out the most horrendous police incompetence and negligence, she took the case through the civil court using this same Article 3 (and Article 8) and was awarded £15,000. The victim’s mother, who worked tirelessly for justice against the systemic police problems on child rape exposed by her daughter’s case said, “When you walk into a police station to report rape you expect the police to investigate thoroughly. I was devastated when they didn’t, because I’d encouraged my daughter to report against her wishes and felt I had let her down.”

May’s support for this legal appeal gives the lie to her pledges to improve laws protecting women from violence.  She also wants to repeal the Human Rights Act, one of the only routes rape survivors have been able to use to hold the police to account, breaking with years of impunity.

May’s blatant hypocrisy is also exposed by her economic policy, slashing women’s escape routes from violence.

Philip Hammond’s budget announcement last year of £30m support for women hides the outrageous financial attacks on women by successive governments, which have increased women and children’s vulnerability to rape and domestic violence, and cut our protection and escape routes:

·       86% of austerity cuts have fallen on women, cutting helplines, refuges, legal aid and criminal injuries compensation;

·       17% of refuges have closed since 2010; 2 in 3 women, and 4 in 5 BME women are turned away from a refuge every day; refuges must compete for dwindling council funds against housing, roads, libraries, etc.; many will close under new proposals to cut housing benefit on which 50 % of refuges depend;

·       the children of mothers who report domestic violence and/or have been impoverished are taken from their mothers who are denied the support and protection they are entitled to; the number of children in care is the highest it’s been for 35 years; the UK has the highest adoption rate in Europe, 90% of it without the family’s consent; this amounts to punishment for mothers reporting rape;

·       victims of domestic violence are denied legal aid and forced to defend themselves against violent ex-partners in the family court; evidence of violence is dismissed and children are forced into contact or even to live with violent fathers, endangering and in some cases ending their lives;

·       women and children seeking asylum from rape and other torture have been refused entry, detained, made destitute and deported;

·       slashed benefits and punitive sanctions have forced mothers into low-waged zero hours jobs or prostitution to feed their kids;

·       sold off public housing has given free reign to profiteering landlords, forcing poor families away from their support networks.

We hope the Supreme Court, now headed by a distinguished woman, will support the rights of rape victims.

 

 

Number of complaints over police handling of sex attacks and domestic violence soars

See quote from WAR below.

Revelations prompt warnings that forces are failing the most vulnerable victims, with campaigners saying police response is ‘matter of life and death’

• Harriet Agerholm The Independent
• @HarrietAgerholm
• 17 February 2018

Domestic abuse accounts for eight per cent of all recorded crime

The number of complaints received by the police watchdog over officers’ handling of sexual assault and domestic violence cases has soared in the past five years, new figures reveal.

Officers have been accused of abusing their powers for sexual gain, falsifying evidence and committing perjury in cases that campaigners say show forces are failing the most vulnerable victims in society.

Complaints to the Independent Office for Police Conduct (IOPC) for officers working on domestic abuse cases rose four-fold between 2011-12 and 2016-17, according to data released to The Independent under freedom of information laws. The spike far exceeds an increase in reported crimes during the same period, with figures indicating a rise of 42 per cent.

The number of referrals also rose against officers dealing with rape, stalking and child sex abuse cases.

Katie Ghose, chief executive of Women’s Aid, which supports victims of domestic abuse, said alleged mistakes by the police could be a “matter of life and death”. According to the charity’s research 78 people were killed by a current or former partner in 2016.

Complaints to the IOPC – formerly the Independent Police Complaints Commission (IPCC) – are made by a force when it believes officers have failed to follow correct protocols.

In 2016-17 there were 342 referrals of officers dealing with domestic abuse cases, up from 83 in 2011-12.

The number of allegations against officers handling sexual assault and rape cases increased by 148 per cent to 206 referrals in 2016-17 – higher than the 130 per cent increase in reported crimes to the police.

Police chiefs last year asked the IOPC to look into 166 complaints about officer conduct in child sex abuse cases, including allegations that some were not investigated. There were 39 referrals in stalking cases in the same period. There were no complaints made to the body about the management of either of these types of crime in 2011-12.

The police handling of sexual assault cases has come under renewed attention after the Parole Board cleared serial sex attacker John Worboys’s for release from prison after he served nine years of an indefinite sentence.

The Metropolitan police has faced accusations of repeatedly failing Worboys’ victims. In 2010 the IPCC ruled that Worboys remain free because police officers made serious mistakes and failed to take victims seriously.

The overall number of referrals to the IOPC covering all types of crimes rose by 79 per cent over the same five-year period, after the watchdog criticised forces for attempting to deal with complaints internally.

Campaigners have warned that cases relating to domestic violence and sexual assault are particularly worrying because of the vulnerable nature of the victims.

They also said perpetrators of sexual attacks are likely to be repeat offenders, meaning failures in police investigations can lead to further attacks.

Concerns have also been raised about the lack of action taken against officers referred to the IOPC.

Of the hundreds of cases of alleged police misconduct in sex assault cases between 2011-12 and 2016-17, only 17 ended in sanctions for the individuals involved, freedom of information data reveals. Two of these officers were dismissed without notice, while three were given final written warnings.

In domestic abuse cases, 25 people faced sanctions over the same period, including 10 who were given written warnings. None of the officers accused of misconduct in domestic abuse cases were fired, the figures provided by the IOPC showed.

Lisa Longstaff, from Women Against Rape, said in her 30 years working with sexual assault victims, she had been “disgusted” by the low numbers of misconduct complaints that were upheld.

In cases where police officers abused their positions for sexual gain, this was particularly problematic, she said. “They don’t end up with a criminal record, they’re not convicted of rape, they don’t go on the sex offender’s register. And that has implications for future possibilities of abuse – getting jobs easily, working with other vulnerable people and possibly doing it again.

“Very occasionally they end up in court and get convicted, but mostly they get dealt with as a disciplinary matter. And that’s not acceptable. It effectively means they are above the law and that’s a very dangerous situation.”

Chief Constable Craig Guildford, the National Police Chiefs’ Council lead for complaints and misconduct, said the police were dealing with an increasing number of complex sexual offence cases.

“It is vital that we get our response to these right. We positively encourage people to report such offences and welcome the increased level of reporting which we recognise some people find incredibly difficult,” he said.

“We do everything possible to ensure that cases are investigated thoroughly, however, if somebody feels that this has not been the case, regardless of when it happened, it is absolutely right they seek an explanation and redress.

“Where a complaint is upheld we ensure that appropriate action is taken to address and learn from these failures.”

An IOPC spokesperson said: “Our independent investigations are both robust and thorough and where we find evidence of misconduct by officers we will refer our findings to the appropriate authority, or in the most serious cases the CPS.

“In just the last few weeks we have seen two officers charged by the CPS following an investigation in Essex and in Lancashire, a police officer was jailed for targeting vulnerable women. There are also many examples where we have directed forces to hold misconduct proceedings.”

http://www.independent.co.uk/news/uk/home-news/police-officer-complaints-domestic-abuse-sexual-assault-cases-rise-watchdog-figures-a8214201.html