Supreme Court today: rape victims vs Theresa May and police

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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.

 

 

New Website!

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Welcome to Againstrape.net

We’re in the process of moving everything from womenagainstrape.net over to this site, which will take some time. To find old posts and articles, please go to the old site until this has been updated and we’ll keep you updated.

Self Help Guides for Survivors

Link

This is a collective effort based on decades of experience of survivors and campaigners. It offers ways to tackle obstacles to justice you many face when reporting violence.

This online version of the Self-Help Guide is a PDF file, to access it you need Adobe Acrobat Reader, which you can download free from the internet.

To order a paper copy, please send a cheque to ‘Women Against Rape’, PO Box 287, London NW6 5QU.
Prices: individuals £3; unfunded organisations £5; professionals or solidarity price £10. Free to women in prison.

This online version of the Self-Help Guide is a PDF file, to access it you need Adobe Acrobat Reader, which you can download free from the internet.

Click justiceguidejune2016website to download the Self-Help Guide.

To order a paper copy, please send a cheque to ‘Women Against Rape’, PO Box 287, London NW6 5QU.
Prices: inidividuals £3; unfunded organisations £5; professionals or solidarity price £10. Free to women in prison.

This is a collective effort based on decades of experience of survivors and campaigners. It offers ways to tackle obstacles to justice you many face when reporting violence.

From a user: I wanted to write to say thank you for the brilliant self-help guide that you have on your website. It was only once I had read it, that I could fully come to terms with the fact that what happened to me was rape. Before this, I was denying the truth, hoping I suppose that if I didn’t use this awful, difficult word ‘rape’ that it would mean it didn’t really happen. I am so grateful to you for providing this information for me, and that I found it when I needed it. Thank you again, and I wish you all the strength and determination in this continuing battle.

Contents   (in order to view the different sections of the book you have to download it)
Page

A self-help guide                                                             2

Some basics of self-help                                                   4

Domestic violence                                                             5

  1. How the law defines rape. What is consent?           6
  2. I’ve just been raped                                                  7
  3. Should I report the rape?                                          8
  4.   I’m worried about being arrested or deported         8
  5. Reporting to the police                                              9
  6. Who will I deal with during the investigation?          10
  7. The Medical                                                             13
  8. Giving a statement                                                   17
  9. Written statement or video?                                     18
  10. What if they discourage me, press me to
    withdraw, or drop the case?                                     22
  11. The police investigation                                            24
  12. What if the police close the case against my
    will? (‘No crime.’)                                                      27
  1. Keeping informed (bail, etc.)                                    28
  2. Consent, drink and drugs                                         30
  3. Can I see the police record of my case?                  32
  4. The Crown Prosecution Service                               33
  5. What are the charges?                                             36
  6. If the case goes to court                                           38
  7. Will I get protection?                                                44
  8. Compensation – applying to the Criminal  Injuries
    Compensation Authority (CICA)                               45
  9. Complaining about the police                                   49
  10. Complaining to the CPS                                           52
  11. Complaining about the judge                                   55
  12. Can I sue my attacker?                                            56
  13. Resources                                                                56
  14. Glossary of term                                                       57
  15. Sample summary of a case                                      58
  16. Sample diary                                                             59
  17. About Women Against Rape                                     60

What people say about the Guide:

“Lucid, to the point. I recommend it.” Ian Madonald QC.

“People will grow in confidence and feel less intimidated by the authorities.” Sally Freeman, mother of rape survivor.

“I’ve learnt I am not alone challenging corruption, lies, bias, and incompetance.” Anoushka Arabella, rape survivor.

“All who work with survivors should have this Guide.” Annie Rose, Independent Sexual Violence Advocate, Respond.

“An incredibly useful tool.” Debaleena Dasgupta, solicitor.

“Can make the difference between winning and losing.” Cristel Amiss, Black Women’s Rape Action Project.

“For men supporting partners and friends, women and men, surviving rape.” Giorgio Riva, Payday men’s network.

For Asylum Seekers and their Supporters: A Self-Help Guide Against detention & removal by Legal Action for Women: This new and updated step-by-step guide comes out of intensive work over many years with women (and some men) seeking asylum. BWRAP and WAR have contributed to the pool of practical knowledge which is an invaluable and essential tool for victims of rape and other torture.  An online version of the Self-Help Guide is available here. To order a paper copy go to Crossroads Books online . Other Self-Help Tools are also available too.

Brigitte’s daughters arrived safely

Terrific news – Brigitte Nongo-Wa-Kitwa’s daughters landed last Friday (11 May) at Heathrow after an exhausting 10 hour journey from Kinshasa. Brigitte and Cristel from Black Women’s Rape Action Project, who has worked with Brigitte at every stage of her case,

waited anxiously as the daughters were held for an extra hour after other passengers in immigration control.

Finally, the two young women came through the arrival doors and as they saw Brigitte they abandoned their luggage and rushed to wrap their arms around her for the first time in fourteen years!  A luggage alert was only just avoided when her oldest daughter managed to scramble back into the “restricted area” and recover their baggage.

Brigitte and her daughters say a massive “merci beaucoup” to everyone who donated so generously and helped in other ways to make their reunion possible.  They are now on the road to rebuilding new lives together.  The photo attached also conveys this joy of this occasion.

Submission to Home Affairs Committee Immigration Detention Inquiry

Black Women’s Rape Action Project (BWRAP) was founded in 1991. Women Against Rape (WAR) was founded in 1976. Together the two organisations have worked closely with women in detention, particularly in Yarl’s Wood IRC, over many years documenting the traumatic impact of rape and other violence on women’s asylum and immigration cases and helping women win justice and safety. BWRAP and WAR have been the primary support and vehicle by which women detainees have been able to publicise their complaints about the treatment and conditions inside detention.

In 2005 BWRAP and WAR contributed to “A Bleak House in Our Times: An Investigation into Women’s Rights Violations in Yarl’s Wood Removal Centre”, which found that over 70% of women inside were victims of rape or other sexual violence prior to being detained. In 2015 the two organisations published “Rape and Sexual Abuse in Yarl’s Wood Immigration Removal Centre, documenting incidents of abuse of women detainees by guards over a decade.

CONDITIONS IN DETENTION AND TREATMENT BY GUARDS

•      Conditions in detention are harsh. Survivors or rape and other violence who are traumatised, suffer particularly from the isolation and abuse of detention. We have seen some groups say that detention serves no purpose. We disagree. Based on what women describe to us we have no doubt that a primary aim of detention is to inflict harm onto people with the purpose of instilling fear in them and others; that is a form of domestic terrorism.

•      Women’s complaints include the torment and injustice of indefinite detention, being separated from children and other family and friends, violence from guards, being denied much-needed health care,  inadequate, inedible food and having their asylum claims sabotaged by guards. In some cases, a self-help guide by Legal Action for Women, which we send to every woman that contacts us, has been confiscated and was only returned after protests.

•      Violence during enforced deportations continues. We work closely with the All African Women’s Group, and one of their members was recently deported. She was strapped across her chest into the seat and had two guards, one on each side holding her down. She suffers from extremely high blood pressure and she was trying to call out and signal that she was in terrible distress. Eventually, an air steward intervened. She arrived in her country of origin weak and traumatised and later described to us by phone that nearly died.  The 24 March audio recording of a man in distress during a deportation confirms that violence from guards is common.

HUNGER STRIKE

•      In February 2018, women and men detainees in Yarl’s Wood went on hunger strike raising demands which we list below. We urge the Home Affairs Committee to act on these demands.

•      Bail applications to be speeded up:  Legally they should only take 3-5 days to come to court. Delays of up to a month are common.

•      Amnesty for those who have lived in the UK 10 years and more.

•      End indefinite detention so that no-one stays inside for longer than 28 days.

•      End Charter flights. These are inhumane because women get no prior notifications and no time to make arrangements with family members.

•      No more re-detention. No-one should be re-detained if you are complying with the law.

•      Stop separating families. Some women inside are married or have British partners and children outside.

•      No detention of people who came to the UK as children. They should not be punished for their parents’ immigration histories.

•      The beds need to be changed. Some of us have been here for a year on the same bed and they are the most uncomfortable beds.

•      LGBT+ people’s sexuality to be believed. It should be understood that explaining your sexuality is difficult.

•      Fit emergency alarms in every room in the detention centre. Only some rooms have them, and people have got very ill in places where they can’t call for help.

•      Access to proper healthcare. Women with serious conditions have been left for days without treatment.

•      Nutritious food.

•      Release people with outstanding asylum and immigration applications.

The hunger striker’s statement describes conditions inside as “torture”:

At any point an officer could turn up and take your room mate; you’re constantly on edge, not knowing what will happen next. Those who are suicidal have their privacy taken away because officers come in without warning. You don’t know if an officer is coming to check on you or take you away. Our rooms are searched at random and without warning; they just search first and explain later.”

•      None of the serious issues which hunger strikers are raising over and over again have been addressed or investigated with any sense of urgency.

RAPE AND SEXUAL ABUSE.

•      BWRAP and WAR’s 2015 Dossier Rape and Sexual Abuse in Yarl’s Wood Immigration Removal Centre documented serious abuse by guards that Serco, the company that continues to run Yarl’s Wood, had either ignored or actively covered up. The situation we documented has not changed. Yarl’s Wood remains open and Serco remains in charge. Shamefully in 2014 the government renewed its contract to run Yarl’s Wood.

•      Our Dossier contained complaints from current and former detainees, collected from hundreds received between 2005 and 2015 including:

•      A rape survivor from Uganda reported a male guard entering her room when she was semi-naked, causing her to be re-traumatised.

•      Several women reported that strip searching and suicide watch made them feel humiliated: “Male guards are present when women are strip searched.” “If you are put on suicide watch the guards watch you when you go to the toilet, they come into your room when you are sleeping. I woke up and a guard was standing over me shining a light in my face. I was very scared.”

•      A pregnant woman reported a guard repeatedly propositioning her for sex and witnessed the same happening to other women: “He flirted with me. I was scared, fragile and pregnant. The guards double date the women. Some women believe that a guard has their best interests at heart but they are easily taken in because they have no other option to get help. Guards give the impression that they have the power to get women released.”

•      Some women reported that guards preyed on their vulnerability and desperation to abuse them. “If you have to open your legs you will. You think that is the only way that you are able to speak to your family. You have to give in.”

FALSE CLAIMS THAT CONDITIONS IN DETENTION HAVE IMPROVED

•      In evidence to the Home Affairs Committee (20 March 2018) Serco claimed that conditions inside Yarl’s Wood had improved. The Serco representatives cited evidence given before them from the organisation Women for Refugee Women that women inside Yarl’s Wood were no longer complaining about the conditions but only about the process:

We have got better over the last two to three years and the debate among the NGOs is now less about Serco running a place that is cruel and inhumane to saying that conditions are “good” in the Centre and that the main complaints about are the process that people are in.”

•      We strongly disagree with these claims. The hunger strike and list of demands from women inside cited above confirm that women are still suffering serious injustices and abuse.

“ADULTS AT RISK” POLICY

•      The new “Adults at Risk” policy issued in September 2016 was meant to address the public outcry about victims or rape and other torture suffering further trauma as a result of detention in the UK.  But the policy was almost unanimously criticised as a step backwards.

•      Women for Refugee Women (WFRW) were the only organisation to publicly welcome the policy on the grounds that it appeared to concede to some of their proposals on detention. Other prestigious organisations providing legal and other assistance to people in detention called for “an urgent review before the policy was implemented” on the grounds that the new policy put vulnerable people at more risk of detention. It defined “torture” in a more limited way (excluding victims of domestic violence and violence by “non state agents”).

•      This change was clearly sexist in that women are more likely to have suffered domestic violence and/or have the torture and other violence they suffered assessed as “non political”. It also gave the Home Office the power to prioritise ‘any immigration control factors’ over a person’s vulnerability. We immediately saw a change in that more rape and domestic violence victims were detained or found it harder to get released.

•      One women who contacted Women Against Rape from Yarl’s Wood was refused bail even though she reported to medical staff that she was suffering nightmares and other symptoms of PTSD because Yarl’s Wood reminded her of being held in detention in Uganda (where she suffered multiple gang rape by soldiers).  Women Against Rape’s independent expert evidence about her experiences was dismissed and instead assertions made by medical staff that detention wasn’t having a negative impact were relied on to keep her in detention.

•      As the Committee will know the “Adults at Risk” policy was in October 2017 ruled unlawful.  We are calling for it to be scrapped altogether.

DEPORTATION IS NO ALTERNATIVE TO DETENTION

•      We note that there is a push in some quarters for the alternative to detention to be an increase in so-called voluntary returns. The Home Office is spending over £30 million, including on funding voluntary organisations and charities, to manipulate and force asylum seekers and refugees to ‘volunteer’ to be deported. There is widespread and growing opposition to this.  Whatever recommendations the Committee makes it cannot be acceptable for detention to be reduced by fast tracking people out of the UK regardless of the risks they may face on return.

DEMANDS

·         We support the demands of the hunger strikers listed above and we urge the Home Affairs Committee to press for their implementation.

·         We take our lead from women asylum seekers who are demanding an end to detention and deportation.

We work closely with the All African Women’s Group, a 100 strong group of women asylum seekers. In a recent statement they commented:

“We all have the right to be here in the UK. African and other Third World people have contributed over centuries to the wealth in the UK. We have suffered enough through imperial conquest, slave trades, proxy wars, Western backed dictatorships, rape and other torture…and through long treacherous journeys getting to the UK. We demand the right to asylum, safety and protection.”

Black Women’s Rape Action Project & Women Against Rape
26 April 2018

 

Fantastic news: single donation of £1000 received for Brigitte & her daughters!!!

Brigitte’s pro-bono legal team at Kingsley Napley have just announced that they will cover the full cost of her daughters air fares! 

Brigitte is overwhelmed by the kindness and the generosity, not only of her solicitors, but of everyone who has been moved to make immediate donations.  A further £172 has been received so far.  These and any further donations will be used to cover additional/inevitable costs incurred by moving from the DRC and settling here in London.

Thank you all for your care and support for Brigitte and her children.  We will be back in touch once they are with us!

Black Women’s Rape Action Project. 

Brigitte Nongo-Wa-Kitwa, one of All African Women’s Group’s (AAWG) longest standing members, is finally to be reunited with her two daughters after a traumatic thirteen year forced separation.  Her daughters have just been granted their “indefinite leave to remain” visas.  However, the authorities have only given them a “30 day window” to reach Britain otherwise their visas will expire!

Brigitte urgently needs to raise £1000 just to cover the girls fares from Kinshasa to London.  Since time is running out for Brigitte and her daughters, we hope you will please give as quickly and generously as you can.

Thank you.

BACKGROUND

Brigitte fled the Democratic Republic of Congo having been detained and tortured in prison by the authorities for her own and her family’s involvement in the opposition movement.  Once in the UK she spent seven years fighting for the right to stay whilst doing what she could to find her five children who were lost to her.

In 2013, with BWRAP’s help, Brigitte won indefinite leave to remain but was denied the right to automatic family reunion.  Later that year, miraculously, she found two of her daughters alive in DRC, but living in terrible conditions.  She wanted to bring them to Britain, but couldn’t afford to pay a lawyer. BWRAP was able to secure pro bono representation from Katie Newbury at Kingsley Napley and Rebecca Chapman at 2 Garden Court. Applications for family reunion were made in May 2016, but rejected three months later. None of the evidence so painstakingly gathered was addressed.  Statements from her daughters detailing their vulnerability to destitution, the history of the abuse they had suffered after Brigitte fled, and the traumatic impact that ongoing separation had on them, were dismissed and ignored.

Brigitte appealed.  BWRAP and Women Against Rape gave witness testimony at her hearing and Brigitte was supported by 19 women from AAWG all crammed into a tiny court. Unlike some judges who dislike public scrutiny, Judge Lingam thanked everyone for attending.

Finally in March 2018, Judge Lingham granted Brigitte the right to family reunion in Britain – a monumental victory. It could never have happened without a mother who refused to give up, a dedicated team of women campaigners and a legal team all ready to put their expertise and their hearts into the struggle together.  Brigitte says:

I’ve watched other mothers like me live for the moment they’re precious children come back. Words cannot express what we feel, but we know that no mother or child anywhere in the world should have to suffer so much to live together.

To donate, please mark your donation: “Brigitte’s Appeal”

Bank transfer: HSBC Account name: Black Women’s Rape Action Project, Account No: 61635581 Sort Code: 40-04-04

Or via PayPal: Black Women’s Rape Action Project.

More information: Tel 020 7482 2496, email bwrap@rapeaction.net

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

Dear friends

Please add your signature to the open letter below, which is pressing for urgent changes to the Criminal Injuries Compensation Scheme for victims of sexual violence.

We have been campaigning together with a national network of survivors of a wide variety of sexual violence, as children and as adults, and we have put together this open letter on what we have found to be the main obstacles to compensation. In the context of #MeToo and Time’s Up movements we can win. More materials and media coverage at: http://againstrape.net/category/campaigns/compensation

We particularly urge survivors’ organisations, ISVAs, law firms, other professionals and any other groups to sign. Or you can sign as an individual. Please ask groups you know to sign.

If your organization or law firm helps or supports survivors to claim or to appeal, we would really like to be in touch and to work with you. Please let us know, so that we can contact you.

Against rape and for compensation and justice,

Lisa Longstaff

——————————————————–

Rt Hon. David Gauke
Secretary of State for Justice

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

 

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/

 

 

 

Statement against the Family Returns Process . . . END DETENTION, END DEPORTATION, WE ALL HAVE THE RIGHT TO BE HERE

We are the All African Women’s Group. Many of us have been in detention. We know the terrible impact it has. Women are on hunger strike right now against the torture of detention. We want an end to detention,but we do
not want a worse alternative. We object particularly to the Family Returns Process

Women for Refugee Women (WfRW) are saying that the Family Returns Process (FRP) should be extended to all asylum seekers. Their report The Way Ahead (2017) describes FRP as an “Area of Success to Build on in the UK”. Interviewed on Woman’s Hour last week their spokeswoman said: “We now have this process called the Family Return Process which supports families with children under 18 to stay in the community up to the point they actually leave the UK, so yes there needs to be a system but that system doesn’t need to include detention.”

WfRW are having a lobby of parliament on 8 March and we are worried that the Family Returns Process will be put forward to members of parliament as what women asylum seekers want.

We are against the Family Returns Process because its main focus is to deport us. It coins the words “support” and “engagement” as a cover for enforced removals. We do not accept that people should have to go back.

A report of the FRP says: “While some organisations believe families who want to stay here should never be returned home, they are few in number.” We are not few in number and our voices should be heard because we know best what horrors we face on return. We all have the right to be here in the UK. African and other Third World people have contributed over centuries to the wealth in the UK. We have suffered enough through imperial conquest, slave trades, proxy wars, Western backed dictatorships, rape and other torture…and through long treacherous journeys getting to the UK.

What we need are committed reliable lawyers to help us with our cases to overcome the terrible injustice we face. Most of the time when we make an application to the Home Office we are disbelieved, no matter what we say and what evidence we have. We want help enforcing our rights to be treated fairly as victims of rape and other torture and as vulnerable people. The Home Office has absolutely no interest in justice.

The FRP has four stages:

  1. ‘Family return conference’ to discuss any barriers to return.
  2. ‘Family departure meeting’ to discuss the family’s views about their options.
  3. ‘Required return’ where the family make their own way to the airport.
  4. ‘Ensured return’ reviewed by an “Independent Family Returns Panel”.

THIS PANEL IS NOT INDEPENDENT – it is funded by the Home Office. As a last resort detention for up to a week and enforced return is used.

The FRP says children can be forcibly returned with “the use of physical intervention”. Guidelines for restraining children are based on those used in secure units which include “the deliberate infliction of pain”.

The FRP report slanders mothers and accuses them of child abuse for not agreeing to enforced return: “Children have been subjected to unacceptable pressure from parents not to co-operate with Home Office officials and where such cases occur it is a form of child abuse.” How many children have been and will be taken from their parents with this excuse?

The FRP also slanders lawyers saying that “legal representatives lodge legal objections to removal at the last minute in order, it seems, to frustrate the process.” How dare they say that. We are women who have suffered rape and other torture and the Home Office makes it as difficult as possible for our case to be heard. Legal aid cuts have made it almost impossible to find reliable lawyers to help us. When we have the good fortune to find a lawyer to intervene they accuse us of abusing the system – not that the system abuses us.

WE DEMAND:

  • An end to detention and the immediate release of mothers and children, pregnant women, survivors of rape and other torture, people who are mentally or physically sick and other vulnerable people. Meet the hunger strikers demands.
  • Reinstate legal aid for all asylum and immigration cases to ensure people get a chance of a fair hearing against the Home Office racism, sexism and determination to deport no matter how unjustly.
  • No NGO collaboration with, and promotion of, so-called “voluntary” and “family returns”, and any other government processes that depend on injustice, destitution, detention and forced deportations to drive asylum seekers out.

Signed: All African Women’s Group (80 members)

Supported by: Black Women’s Rape Action Project; Brighton Anti-Raids Network; Brighton Migrant Solidarity; Brighton Plan C; Demilitarise King’s, Detained Voices; End Deportations; Jollof Café (Brighton); KCL Action Palestine, Legal Action for Women; Lesbian & Gays Support the Migrants; RAPAR (Refugee and Asylum Seeker Participatory Action Research); SOAS Detainee Support Group;Sussex Refugee and Migrant Self Support Group; Women Against Rape;Women of Colour in the Global Women’s Strike;  North East London Migrant Action (NELMA); Gazelle Maria, Oxford; Zeenat Suleman, London

8 March: Protest Unilever, disinvest from Myanmar!

 

UNILEVER: disinvest from Myanmar!
End rape and genocide of Rohingya!

8 March 2018, International Women’s Day,5-6pm  PROTEST outside UNILEVER HQ UNILEVER House, 100 Victoria Embankment, London EC4Y 0DY

Why UNILEVER?
UNILEVER claims to embody principles that respect the dignity and rights of women and girls, especially in the marketing of Dove products. UNILEVER has been so successful in this that the company holds the title of “Impact Champion” appointed by UN Women as part of their campaign to advance women’s rights. As an Impact Champion UNILEVER proclaims that “UNILEVER aims to improve safety for women and girls in the communities where they operate.”

This is at odds with their $667 million investment in Myanmar where the military are committing systematic rape and other torture with total impunity as part of their genocide against the Rohingya people.

A new report details Myanmar Army’s use of rape as a weapon against the Rohingya:
UNILEVER is one of the biggest foreign investors in Myanmar and has the power to impact directly on the actions of the government. By withdrawing from Myanmar, UNILEVER can reduce the funds available to the military and encourage other corporations to put people’s lives before profits.

Sign the petition issued by Sisters of Rohingya:

Tell UNILEVERon Twitter: @paulpolman @Dove @UNILEVER
Tweet using hashtags: #nopeacenodove #boycottdove

More things you can do on the Sisters of Rohingyablog:

Called by Global Women’s Strike gws@globalwomenstrike.net 020 7482 2496 in support of the Sisters of Rohingya call for UNILEVER to divest

Family Courts on Trial – 8 March event

Image

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.

 

 

UPDATE: Yarl’s Wood Hunger Strike: “They’re trying to break us down”

STOP PRESS:  Emergency Demo Solidarity with Yarl’s Wood hunger strikers
4-5pm, Wed 28 Feb, outside the Home Office, Marsham Street, SW1P 4DF.
Called by Lesbians and Gays Support the Migrants: co-hosted with All African Women’s Group, Black Women’s Rape Action Project, Docs Not Cops, End Deportations, Right to Remain, SOAS Detainee Support, The London Latinxs, and others

Update:  Yarl’s Wood Hunger Strike . . .  for immediate release

They’re trying to break us down but we’re not about to give in to them or their threats

“Theresa” currently on hunger strike told us that they are being denied the right to fax statements about their conditions and demands.  She said “we are about 20 women and 14 men taking complete hunger strike . . .  yesterday our statement was confiscated by an officer called Claire. Today we tried to send faxes of our demands from [the] health care [area] where we are holding a silent protest.  After we faxed, 2 officers came following us and tried to take our papers away . . . I refused to give them – tell the director to come pick them from me himself.”

Theresa says that threats have been made by the director Steven Hewer to take “trouble –makers” to prison – “protesters are being called to the Home Office one by one, supposedly to address our demands but instead they are updating people on their individual cases. . . our protest is a peaceful quiet one and we don’t appreciate having the threat of HMP prisons directed at us”.

Over and over again women protesting in Yarl’s Wood have been targeted for punishment– and the same goes for protesters against detention around the world.  See our sister Maru who has been targeted for deportation in the US.

From mothers threatened with being deported without their children to rape survivors who haven’t been able to speak about what they suffered in the “hostile environment” in which asylum claims are considered, women in Yarl’s Wood face removal without having had a fair hearing.  Sexism, racism and other discrimination result in the Home Office routinely refusing to believe women, flouting its own instructions about how it should treat “Gender Issues in the Asylum Claim”.  Legal aid cuts deprive women of legal representation and advice, and vital evidence to pursue appeals, instead judges “rubber stamp” Home Office refusals flouting their own guidance on how they should treat “vulnerable witnesses”.  Their cases having been unjustly closed, women face destitution, detention and deportation.

All African Women’s Group, Black Women’s Rape Action Project and Women Against Rape support the hunger strikers who are demanding:

  1. Shorter bail request periods [quicker bail hearings]
    2. Amnesty for those who have lived in the UK 10 years and above
  2. End indefinite detention
  3. End Charter flights
    5. No more re-detention
    6. End systematic torture in Yarl’s Wood
    7. Stop separating families
    8. No detention of people who came to the UK as children
    9. The beds need to be changed
    10. LGBT+ persons’ sexuality be believed
    11. Fit emergency alarms in every room in the detention centre
    12. Give us access to proper healthcare
  4. Give us proper food to look after our diets
  5. Release people with outstanding applications
  6. We want to speak to Alistair Burt MP for the constituency

We also call for:

  • An end to detention; immediately release mothers and children, pregnant women, survivors of rape and other torture, people who are mentally or physically sick and other vulnerable people.
  • An independent investigation into claims of rape and other sexual abuse against women held in Yarl’s Wood Immigration Removal Centre
  • Reinstate legal aid for all asylum and immigration cases to ensure women and men get a chance of a fair hearing against the Home Office’s racism, sexism and determination to deport no matter how unjustly.
  • An official investigation into what happens to people who are deported, including those deported from the unlawful Detained Fast Track, so that they can get the help they need.
  • No NGO collaboration with, and promotion of, so-called “voluntary” and “family returns”, and any other government processes that depend on injustice, destitution, detention and forced deportations to drive asylum seekers out.
  • Close down Yarl’s Wood and detention centres everywhere!

Those in detention have the right to be here. Those of us on hunger strike have the right to be here: count the contribution that African and other third world people have made over hundreds of years to the wealth in the UK.

Some recent press coverage:

100 Immigrant Women Are on Hunger Strike at a Notorious UK Detention Center
https://broadly.vice.com/en_us/article/8xdkyz/yarls-wood-detention-centre-hunger-strike-sit-in

Yarl’s Wood female hunger striker facing deportation tomorrow
https://freedomnews.org.uk/yarls-wood-female-hunger-striker-facing-deportation-tomorrow/

Cristel Amiss, Black Women’s Rape Action Project on Yarl’s Wood hunger strike
https://youtu.be/tmfxL8iIoqo