Criminal Justice Services

  • Police services in the UK may find it challenging to investigate allegations made by a person born from rape against their biological father due to the historical nature of the crime, reluctance to pursue DNA evidence, complex family dynamics, and the emotional and psychological impact on the mother. The link between historic and current sexual violence may also not be recognised.

  • The CPS faces challenges in charging a man accused by his biological child of raping the child's mother when she was under the statutory age of consent. Key issues include the historical nature of the crime, lack of immediate evidence, the mother's potential reluctance to participate, and the emotional impact on both the mother and child. The CPS must assess whether the mother's age meets the statutory rape criteria, and while the child may wish to use DNA as evidence of conception, this does not prove the circumstances of rape, complicating the case further. The CPS must balance legal thresholds with the psychological toll on all involved.

  • Law services will be navigating a range of complex and often unacknowledged challenges when supporting people born from rape. Gaps in existing frameworks may restrict their access to justice whilst stigma and the current lack of legal recognition will also present barriers to PBR pursuing justice. Legal responses will need to balance being trauma-informed with a rights-based legal approach that protects the dignity and rights of both mother and child, while avoiding re-traumatisation or reinforcing harmful narratives.