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Winning legal protection
Policeman abused
his authority to rape woman
A young woman raped by a policeman when she went back to his barracks
for a safe place to stay after chatting with him at a nightclub. The
police -- investigating themselves -- initially lost or jeopardised vital
evidence, like the voicemail recording of her distressed call to a friend,
failed to take a routine blood sample, etc. They wanted to reduce the
charge to indecent assault, trying to persuade her that that was the
safest way to ensure he got convicted. With support from WAR and her
family and friends she finally saw him sentenced to seven years -- for
rape!
Office colleague jailed for 10 years
A woman lured into a building by a stranger when going home after a
Christmas drinks party at the office. When she reported it the police kept
her in the police station, in shock, with no sleep for 12 hours; she
didn't know notes were being taken, and said she had been treated "worse
than a criminal". She talked over with WAR what had happened, her worries
about going to court, and ongoing concerns about her safety from future
attacks. At the trial, she had to listen as her 999 call was replayed for
the jury, but she held out, took the stand, and saw the rapist, who had
previous offences, jailed for 10 years.
Rape by stepfather
-- she fought to get it to court but it was thrown out by the judge
A recent case of rape in the family we were
involved with from beginning to end illustrates the sexism, and when we
are women of colour the racism, women face. As a result of threatening to
report a decade of rape and assault by her adoptive father, the victim,
who is originally from Africa, was threatened with deportation. The
rapist, a powerful and well connected head of the family, who had
previously worked for social services, reported her to the Home Office
claiming she was an impostor and provided a fraudulent death certificate.
Despite a sympathetic woman police officer who took the woman’s initial
statement, the CID officer in charge had little interest in getting
justice for the victim since "when the case is over the Home Officer will
deport her anyway". They refused to investigate the forged death
certificate and despite clear contradictions in the man’s statements, they
initially refused to interview relatives who would confirm who the woman
was, and her position of total dependence within the family (she spoke no
English and had no money of her own for many years), which explained why
she hadn’t escaped earlier. We had to thrust evidence into their hands and
even then, only brief statements were taken, in a half-hearted way, and
leads not followed up.
The case came to trial twice. The first time, the CPS prosecutor was
incompetent and hostile; compounding the difficulty most witnesses have
speaking publicly about the sexual violence they have suffered. At the
retrial, a more competent prosecutor presented the facts and took the
witness through her evidence. But, she did not call the man’s ex-wife or
son, who waited outside and could have confirmed the truth about the death
certificate and the woman’s position in the family. Their evidence would
have greatly added to the victim’s credibility. Instead the trial was
thrown out by the judge on grounds of insufficient evidence. Many of the
jurors felt strongly that the decision should not have been taken out of
their hands without even an explanation. One of them told us, "No wonder
women don’t want to report rape if this is what happens. What is that poor
woman supposed to do now?"
This is not the first time that judges, renowned for sexism, act in a
shocking way. But this time there was a difference. While years of
campaigning against rape have not yet succeeded in getting a higher
proportion of rapists prosecuted, the legal establishment is now anxious
to cover its tracks. Judges who for centuries upheld the preposterous
fiction that rape inside marriage is not a crime, routinely used their
discretion to let victims be cross-examined about irrelevant sexual
history, and allowed women’s knickers to be passed round the court room as
"evidence", are sometimes less blatantly sexist. This judge didn't accuse
the woman of lying, he claimed to be sympathetic as he was throwing the
case out. Public outcries, court invasions, calls for biased judges to be
sacked, dossiers documenting police and CPS bias have resulted in a
greater acknowledgement of the problem, and more sophisticated PR.
CPS apology to woman after murderous
rapist husband walks free
Mrs T, a 33-year-old woman, suffered a severe sexual assault, physical
beating, attempted rape and threats to kill by her drunken husband. He was
charged with attempted rape and was repeatedly arrested for witness
intimidation before the trial. At Crown Court, the prosecutor agreed to
reduce the charge to assault causing actual bodily harm and he was given a
two-year conditional discharge. Neither Mrs T, nor the police were
informed of the date of the trial, nor its outcome. Her husband then waged
a terrifying campaign of harassment, culminating in a plot to have his
estranged wife kidnapped and gang raped while he videoed the attack. A
witness reported this to police. But even then the man was not prosecuted
properly, the CPS lost the file and the key witness fled the country.
Charges were eventually reduced again because Mrs T could not face giving
evidence - having to endure cross-examination about her sex life with her
ex-husband. He received a suspended two-year prison sentence after
pleading guilty to harassment. With the help of Women Against Rape, Mrs T
complained to the CPS (who apologised) and asked the Attorney General to
investigate the way her case was mismanaged. She reported her experiences
in our public meeting to keep women’s sexual history out of rape trials in
the House of Commons and we sent a report of her experiences to the Home
Secretary demanding that victims of rape be central to the prosecution of
their attacker. "I was right at the bottom of their list of priorities. I
was basically a nonentity," she said.
Lawyer's letter stops harassment
A woman sexually assaulted by a man from her social club, with whom she
refused to have a sexual relationship. He was a licensed black cab driver.
The police heard his side of the story and left a message on her
answerphone: "I have been round to see Mr X and the case is now closed"!
She could not find a solicitor able to help in her area (east London) but
found one in central London with WAR's help, and a warning letter
from the lawyer at least put an end to his continuing harassment.
"Just a domestic"
A woman raped at knifepoint by her ex-partner delayed in
reporting it to the police, because the police had consistently refused to
do anything about his previous harassment and violence, and had instead
helped him to persecute her (by delivering demands for child support, etc).
The woman, who is Black, didn't report the rape at first because she thought she had no evidence, and it would
be "her word against his" yet again. When she found she was pregnant as a
result of the rape, she did report it – only to meet a continuing refusal
on the part of the police and CPS to take the medical evidence seriously
and proceed to prosecution. WAR helped her get the case re-opened, and
after a shocking meeting with a special lawyer at the Crown Prosecution
Service, is now taking it higher. Watch this space!
Ex-wife and prostitute woman join
forces against rapist
In 1989, WAR and the English
Collective of Prostitutes supported the ex-wife of a man on trial for
raping a prostitute woman. At that time, the law did not recognize rape
within marriage as a crime, which the wife had suffered at his hands, as
well as other violence. When he was convicted, she felt vindicated, and
together the two women celebrated the verdict.
Woman moves from
mixed psychiatric ward to women-only hostel
A rape survivor in distress was detained in a mixed psychiatric
ward after attending a routine health appointment in a general hospital.
Being sectioned with other distressed people, one of whom hit her,
intensified her trauma. Her section was due to be reviewed by the Mental
Health Act tribunal. WAR sent evidence to the hearing on why this mixed
ward was unsuitable, and found her a lawyer to represent her. Although
the psychiatrist at the tribunal insisted that she stay in hospital, her
section was not extended and she was discharged to a supported women-only
hostel.
We are
supporting the campaign by Southwark Mind Women’s Forum for
women-only psychiatric wards. Contact us for more information.
Supporting a woman in prison
who stabbed her violent boyfriend
The husband of a woman in prison contacted us for help. They had
separated after she met another man and went to live with him, but her new
boyfriend was continuously violent to her. His attacks included rape and
sexual assaults, stabbing her in the chest and putting a loaded air rifle
in her mouth. On several occasions the police brought her back to the
marital home after being called. Eventually she stabbed her boyfriend
after he attacked her yet again with a knife – he survived the stabbing
and was awarded substantial criminal injuries compensation. Her lawyer
did not argue it was self-defence at trial or call her to testify. She
was sentenced to 12 years in prison, reduced to nine years on appeal, and
was sent to high-security prison alongside murderers. We found her a
solicitor and a barrister to investigate legal grounds for another
appeal. We pressed for her compassionate treatment as a victim of
violence herself and as the victim of a miscarriage of justice. For
example, we established with the prison that we could meet with her
privately, whereas usually a prison officer is present. We supported her
request for a transfer from high-security prison to open prison, and
nearer to her family so that they could visit more often. We supported
her family outside in practical ways. It is shocking that children are
denied extra children’s visits to their mothers in prison once they reach
their 12th birthday, and have to apply for visiting orders on
the same basis as adults. Sadly, her husband died without seeing her
released from prison.
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Winning asylum
In a landmark
victory, a rape victim from Uganda, has won the right to stay in the
UK, a political precedent set by grassroots women When millions of people are fleeing war
and armed conflict, those seeking asylum in the UK face increasing racism
and hostility, are impoverished, struggling to survive on vouchers and
face forced dispersal away from families and communities. It's estimated
that 80% of refugees worldwide are women and children, and half of women
claiming asylum here have fled rape - usually by soldiers or police -
after their opposition to military dictatorships and other brutal regimes.
Work by Black Women's Rape Action Project (BWRAP) and Women Against Rape
(WAR) on behalf of rape survivors has often been decisive in reversing
Home Office refusals of their asylum claim. Some won refugee status;
others won Exceptional Leave to Remain (ELR), which ensures their safety
but doesn't acknowledge the full extent of the persecution and torture
they experienced and denies their right to family reunion.
Activist raped in detention in
Kenya wins refugee status & benefits
Ms Q, a student activist, was targeted
by soldiers for her and her family's long-standing opposition to the
Kenyan government. She suffered rape and violence in detention, and became
pregnant. She was forced to leave her child behind when she escaped to the
UK. The Home Office rejected her claim citing lack of evidence. But after
receiving BWRAP's report, which highlighted how Ms Q was repeatedly raped,
beaten and tortured, they granted her refugee status -- ending six years of
uncertainty. Because Ms Q's solicitor didn't tell her she'd won, she and
her children faced further hardship when she lost her vouchers before
benefits were re-instated.
Home Office disputed Ms X's credibility, claiming
that Roma people in Poland have state protection
Ms X's
family experienced many years of racism and abuse in Poland because they
were Roma. As a teenager Ms X was gang-raped and injured in a racist
attack; she became pregnant and had a daughter, who was racially harassed
once she started school. The HO disputed Ms X's credibility, claiming that
Roma people in Poland have state protection. The Adjudicator awarded full
refugee status, which Ms X's lawyer described as a "first" for some years.
Roma girl had been
gang-raped at aged 12 in Poland -- her family wins Exceptional Leave to
Remain in UK
Another Roma woman fled Poland with her
daughter, who was brutally gang-raped when she was just 12. Despite a
history of racism, murder and other violence, the HO initially rejected
the family's claim, but conceded ELR when the Adjudicator quoted WAR's
report, finding "compelling compassionate grounds" why they should not be
returned. Woman beaten &
abandoned by husband after London Adjudicator reveals details of
police raping her in Turkey
Active on human rights
in Turkey, Ms P was detained twice by police. She was brutally gang-raped
at gunpoint as well as repeatedly beaten and interrogated. Ms P was unable
to speak to anyone about it, and under cross-examination at her appeal
hearing became visibly distressed. The Adjudicator forced Ms P to
continue. His ruling was sent to her home so her husband learnt about the
rape - he assaulted her and then left her. WAR protested about the
authorities' outrageous disregard for Ms P's safety, and she won ELR
without further cross-examination.
Sikh woman raped & tortured by police in
India wins Leave to Remain
After the disappearance of Ms Z's husband, a Sikh
nationalist, Ms Z was subjected to four years' persecution by the Indian
police. She was repeatedly detained and raped at gunpoint by officers, who
tortured her, trying to get information. They threatened to kill her if
she told anyone. The Home Office refused Ms Z's claim because India is
considered "safe"; however the Adjudicator acknowledged that she had
suffered rape, and would not be protected by the Indian authorities, so
granted ELR.
Two mothers forced to
leave their children behind after rape by police and soldiers in Ethiopia
and Uganda
Ms B from Ethiopia and Ms T from Uganda
are fighting for full refugee status and appealing against ELR, in order
to win their right to family reunion. Both women were raped in detention
– one by police, the other by soldiers – and were forced to flee leaving
their children behind. Ms B was detained and raped by police because of
her political activities opposing the Ethiopian government’s persecution
of the Hadiye people. The Home Office initially rejected her claim saying
that she was raped as a result of “failure of discipline” by the police.
Before her Appeal Hearing she was granted ELR. Active in two banned
Muslim political groups in Uganda, Ms T was targeted for over two years by
soldiers after her husband was arrested and disappeared. She was detained
and repeatedly raped by soldiers, leaving her so badly injured on one
occasion that she was taken to hospital, close to death. Again, the Home
Office initially rejected her claim, but awarded ELR before her Appeal
Hearing. The anguish of their ongoing separation from their children has
made it impossible for Ms B and Ms T to rebuild their lives after their
traumatic experiences.
Inconsistencies in
testimony of Kurdish woman raped by police in Turkey arose from Rape
Trauma
December 2001
Rape was acknowledged as grounds for asylum when
a
Special Adjudicator at an appeal hearing upheld the right to asylum in
Britain of Ms X, a Kurdish woman from Turkey gang-raped by Turkish police.
This hearing determined that inconsistencies in
her testimony arose from Rape Trauma Syndrome.
Highlights of
Determination
Tortured
student activist would face persecution if returned to Cote D'Ivoire
Determination
by special adjudicator Mrs. J
Davidson (20 January 1999) acknowledges that it would be further
persecution to return a rape survivor to Cote d’Ivoire where she
suffered torture for her political activities as a FESCI student activist.
Highlights
of the Determination
Kenyan woman tortured and made pregnant in detention wins
right to stay & benefits
Ms
Q, a student activist, was targeted by soldiers for her and her family's
long-standing opposition to the Kenyan government. She suffered rape and
violence in detention, and became pregnant. She was forced to leave her
child behind when she escaped to the UK. The Home Office rejected her
claim citing lack of evidence. But after receiving BWRAP's report, which
highlighted how Ms Q was repeatedly raped, beaten and tortured, they
granted her refugee status - ending six years of uncertainty. Because Ms
Q's solicitor didn't tell her she'd won, she and her children faced
further hardship when she lost her vouchers before benefits were
re-instated.
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Winning compensation
What further evidence do they need?
A London
woman was initially denied compensation for rape by the Criminal Injuries
Compensation Authority. They
said there was not enough evidence -- even though she had a recording of
what had happened!
She had been advised by police to collect evidence of her husband's
constant abuse and violence, and one night when he came home drunk and
demanding she managed to press the 'start' button on her son's toy tape
recorder. The police considered the evidence very strong indeed, and she
went to court for a rape trial, but was persuaded to accept a plea-bargain
for the sake of her young son. The
conviction, and the later offer of compensation, were for 'indecent
assault' -- only £3,000, less than half the award she'd have got for
rape. With WAR's help she appealed for it to be recognised as rape,
and increased her award to £7,750 .
Now we want to know why she had to go through all the pain and work
of an appeal. Compensation is
supposed to depend on what the woman suffers, not on what happens in
court, but rape survivors seem to be routinely turned down if there hasn't
been a criminal conviction. We
are asking the Authority to explain their policy.
If this woman didn't have sufficient evidence, what do they
require? A video?
Woman raped twice by husband wins
increase from £3,000 to £25,000
Ms P was awarded £3,000 for two rapes by her separated
husband; we had to make the case in appealing that a) rape by husband is
at least as bad and b) two rapes are worse than one. In 1992 WAR
represented her at the hearing but since the Board had already decided to
increase her award they prevented us or the woman herself from speaking.
After less than an hour’s hearing, she was awarded £25,000, including
about £5,000 for hip and arm injuries incurred in the course of the rapes.
Refused compensation because she delayed reporting for a
week -- finally she wins
In 1982 Ms B was dragged off the street by a mental patient and held
captive in his flat, threatening her with a knife and a gun, while he
raped her twice. She became pregnant as a result of the rape. She was
refused compensation because she had delayed one week in reporting the
attack to the police. WAR helped her appeal making the case that such a
delay is normal – in fact, short – and that as a Black woman Ms B and her
family had bad experiences of the police, in addition to knowing about
problems with the police response to rape; moreover she had been advised
against reporting. The police then didn’t turn up to two appeal hearings
in 1986 and 1988, resulting in postponement and wasting everyone’s time.
Finally in 1991 Ms B got an award, but it was still reduced by a third
because of the delay in reporting.
Woman wins £15,000, but rape award was cut by 50% because
she had used alcohol & cannabis
Single mother Ms L was abducted in 1985 from outside a pub and taken to
a wasteland where she suffered a horrific violent sexual assault. The
three men were discussing how to dispose of her body, but they were
frightened off. The police never caught the men. Ms L was given an interim
award of £3,000 and told her final award would be reduced by 50% for two
reasons: 1) her conduct – she had been drinking and allegedly had chosen
to leave the pub with the men, and allegedly had been seen kissing one. In
fact both allegations were false. 2) Because of a conviction for having
her partner’s cannabis in her home AFTER the assault. In 1993 after WAR
took on the appeal, and got a major article in the Independent on Sunday,
she was given a £15,000 final award, but reduced it by 50%.
Prostitute woman with no convictions suffers 25% reduction
for rape because of "unlawful conduct"
In 1996 Ms P was working as a prostitute when she was repeatedly raped,
assaulted and robbed by a client. She reported this to the police
immediately. Her attacker was convicted. The CICA refused compensation
because "in this case, it is considered that evidence of your unlawful
conduct makes it inappropriate that you should receive any award from
public funds". Ms P with WAR’s help requested a review pointing out that
she had no criminal convictions and that her severe injuries and the long
term psychological effect had not been given any consideration. Also, we
wrote that prostitute women are entitled to say no to unwanted sex and
should be able to rely on the same legal protection against violence. The
CICA Review awarded her £7,500 but reduced it by 25% because of her
"unlawful conduct". We advised her to appeal the reduction but she decided
not to.
Woman wins £10,000 after a year's delay before reporting
In 1992 Ms X a housewife and mother was subjected to a series of
violent rapes by a neighbour. His intimidation included threats she’d lose
her children and so she did not tell anybody about the rapes for months.
When she told her husband he suffered a nervous breakdown. Ms X finally
informed the police in June 1993. The CPS refused to prosecute because of
the delay in reporting. Her solicitor advised her that the delay meant
there is no point in applying for criminal injuries compensation. But
encouraged by WAR she applied in 1995 and was awarded £10,000. An earlier
High Court precedent was set in March 1995 ruling that a woman who had
delayed six weeks before reporting was entitled to compensation, and that
the CICB should take account of the fact that the traumatic effects of an
assault may prevent rape survivors from reporting it for some time.
Compensation Authority challenged for backing man who
raped family friend who was asleep
Mrs Y was raped whilst sleeping having drunk substantial amounts of
alcohol. The accused – a friend of a friend - was acquitted in court.
Compensation was initially refused on the grounds that "no crime of
violence" had taken place. The compensation Board wrote that "the
reactions of Mrs Y were not, as she acknowledges, demonstrably unwelcoming
for some time, albeit measured in minutes. She had given him "no signal of
absence of consent" (until she woke up fully and threw him off the bed).
WAR wrote to the CICA and represented her at appeal, arguing that it goes
against the principle of rape law that the absence of a "signal" meant he
could take advantage of her while she was asleep. We also objected to
their saying "there is an indication of a relationship having developed in
which it was not unreasonable for the defendant to at least consider that
the exchanges might progress to sexual intimacy". The Appeal Panel (two
women and a man) asked her about the quality of her sex life with her
husband and (a tee-totaller who said he knew nothing about alcohol)
suggested she was so drunk she couldn’t say whether or not she had
consented. Despite this, she won £7,500.
Prostitute woman intitially denied compensation wins
£4,000 -- 50% reduction for drug convictions
Ms G was raped and robbed in 1994 while working as a prostitute. She
reported it despite the fact that she had convictions related to
prostitution and the rapist was sentenced to four years for rape and four
years for robbery to run concurrently. In 1995 the CICB turned down an
application for compensation in spite of recognising that her convictions
"have nothing whatsoever to do with the incident which gives rise to the
application" and that "notwithstanding her way of life, she is entitled to
say no and no one is entitled to assault her as she was assaulted on this
occasion". Her lawyer organised legal aid to cover WAR’s report for the
CICA. Ms G organised a housing association worker as a witness. Her story
was featured in The Guardian. WAR represented her at her appeal where she
won £4,000, which was a 50% reduction because of her drug convictions.
Two women raped at knifepoint win £5,000, but Appeal
Panel member says rape is not the same for prostitutes
In 1995 two women won the first private prosecution for rape, assisted
by the English Collective of Prostitutes, Legal Action for Women and WAR.
They were raped by the same client on different occasions. He got 14 years
in prison, reduced to 11 on appeal. In court the defence accused them of
inventing the rape in order to claim compensation (a common tactic,
sometimes thrown even at women who never apply for compensation). They had
intitially been refused compensation for delay in reporting and
non-cooperation with the police, but when the man was convicted, the CICA
heard an appeal. They went before a Panel of three male QCs, represented
by WAR. Although the Panel had already decided to grant an award they
commented that there was a question as to whether prostitutes were
entitled to the same amount as other women. One even implied that the
effects of rape on prostitutes are not as serious, since they would have
had sex if they had been paid, despite a medical report confirming
persisting Rape Trauma Syndrome and witnesses who came to confirm the
serious effects of the rapes. WAR challenged this, and pointed out the
world of difference between consenting sex for money and being raped at
knifepoint. The Panel also questioned whether they paid tax; they said no.
They finally awarded the women £5,000 each but later refused to put their
reasons in writing.
£156,000 Victory after woman's fall from window ledge
wrongly classed as accident, not violence
In 1992 Ms Q climbed through a window to escape two male acquaintances
who after drinking alcohol together had locked her in a room and
threatened her with rape. She lost her balance and fell three stories to
the ground below. She suffered a broken back, smashed heel, leg injuries,
and was unable to care for herself. The men were never prosecuted. In 1994
her application for compensation was refused when the CICB decided there
had been "no crime of violence". With WAR’s help, Ms Q appealed,
submitting documentation WAR helped gather, including WAR’s expert report.
WAR found the police had taken a statement from her within days of the
injury, in her hospital bed when she was just out of intensive care and
still heavily sedated. She had been unable to report to the male police
officer that she had fallen while trying to get away from imminent rape,
and that she had a history of child abuse which made her panic before she
fell.
At the appeal hearing in 1996, represented by WAR, Ms Q was informed
that the CICB now accepted her entitlement but were sending her away to
gather detailed medical documentation to help settle the amount. The Board
advised her to get a solicitor and a barrister. In 1998, Ms Q
employed a lawyer and a barrister, but declined to use those recommended
by WAR, and also chose not to invite WAR to the hearing. The Board treated
Ms Q, her witnesses and representatives disrespectfully and dismissively.
They implied she had attempted criminal fraud and had exaggerated her
injuries. Her boyfriend was asked whether compensation money was the real
motivation for their relationship. Ms Q was awarded £156,000 (after
reductions for social security benefits). But since the barrister did not
defend her or the witnesses effectively, in spite of the award, she was
left feeling undermined and insulted. We don’t know how much she had to
pay the lawyer and barrister.
Woman
raped and robbed was initially refused award because of prostitution
convictions, but wins £4,000 on appeal
On 12 March 1996 a
women who was violently attacked, raped and robbed won £4,000
compensation from the Criminal Injuries Compensation Board (CICB). The
CICB had initially refused her compensation because she had convictions
related to prostitution. The rapist was imprisoned but the CICB turned down her compensation in spite of
recognizing that her convictions “have nothing whatsoever to do with the
incident”. In using its
discretionary powers to deny or reduce compensation in this way, the CICB
is increasingly out of step with public opinion. Paragraph 6(c) on
Character and Conduct must to be dropped from the CICB guidelines.
Compensation should not be based on evidence about the victim’s occupation
or “way of life”, sex, race, class, disability, immigration or other
legal status, age, sexual preference, etc.
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