It's estimated that thousands of children are conceived from rape each year. The Centre for Women’s Justice estimates between 2,080 and 3,356 children in England and Wales could have been conceived through rape during 2021.

Daisy’s pursuit of justice

Our client, Daisy, now in her forties, was taken into care days after her birth and was adopted when she was seven months old.

When Daisy was 18 years old, she got access to her social services files and found out that her birth mother was just 13 years old when she was born, while the birth father was 28. The matter was initially briefly investigated by police but never brought to court.

As a result, Daisy sought out her birth mother, in hope of getting her birth father prosecuted for rape. The discovery of the rape caused Daisy significant psychological harm. With Daisy’s support, her mother gave evidence in the trial against the biological father.

In the decade long legal battle, Daisy was twice refused criminal injuries compensation. With expert legal advice from Switalskis, Daisy took her claim to the Upper Tribunal before Mr Justice Jacobs who has ruled the CICA were wrong to refuse compensation and to reconsider their decision. The case is likely to return through the Upper Tribunal to the Court of Appeal in the next two years as the application of the Human Rights Act to this field of law is under consideration in this prominent case.

Daisy’s testimony shows that those born of rape struggle with lasting impacts, both in their own lives and with their relationships with family members.

On 19 January 2023, the government announced amendments to the Victims Bill, which will officially recognise children born as a result of rape as victims of crime. This will include receiving better support by criminal justice agencies.

David Greenwood commented: "Daisy’s relentless pursuit of justice over the years has been nothing short of extraordinary. Her unwavering dedication has not only led to a transformative change in the law, but also provided crucial support to her birth mother during the trial. More importantly, her efforts have paved the way for countless others born from rape to finally receive the recognition and support they so rightfully deserve across England and Wales."

The Victims and Prisoners Act 2024 received Royal Assent on 24 May 2024 , formally becoming law in the United Kingdom. The passage of the Victims and Prisoners Act 2024 marks a significant step toward strengthening the support and rights of victims within the UK's criminal justice system.

For confidential legal support and advice, call us on 0800 1380 458 or email help@switalskis.com