Vile abusers who rape a child will have their own parental responsibilities automatically removed under new laws.
An amendment to the Criminal Justice Bill tabled by the government today will mean
when child rapists are sentenced, their ability to make decisions about their own children’s lives will also be suspended.
The change will apply in cases where the perpetrator attacks any child.
This builds on Jade’s Law, introduced through the Victims and Prisoners Bill currently progressing through the Lords, which applies an automatic suspension of parental responsibility in cases where a perpetrator has killed a partner or ex-partner with whom they share children.
This amendment will also provide important protections for innocent parents.
While the courts do have the power to strip parental responsibility when it is in the best interest of a child, currently it requires families and former partners of perpetrators to instigate and fund proceedings to secure these orders to protect their children. Costs for these types of proceedings can run into tens of thousands of pounds.
However, under the new rule, parental responsibility will be automatically suspended.
It means the perpetrator will no longer have any say over key elements of a child’s life – including whether they can access therapeutic support, go on holiday or change schools.
The case will then be referred to the family courts, and it will be for the perpetrator to prove to a judge it is in the child’s best interests for their parental responsibility to be reinstated.
The new law will be subject to a review after three years to ensure it is working for victims and innocent parties, and to evaluate how the power may be developed.
The government previously amended the Victims and Prisoners Bill to introduce an automatic suspension of parental responsibility in tragic cases where one parent has killed the other, also known as ‘Jade’s Law’.
This law is named after Jade Ward, who was murdered by her former partner in 2021. Her family campaigned tirelessly to change the law after her murderer was able to continue to take part in decisions relating to their four children inflicting further trauma on them and Jade’s parents.
Lord Chancellor and Justice Secretary, Alex Chalk KC, said:
Our priority will always be to make sure the best interests of children are protected.
This new law will ensure they are automatically safeguarded against those whose despicable actions have shown them to utterly lack any nurturing and caring instincts.