NI: Social workers worried about risk of prosecution if ‘rape clause’ rules introduced

Colin Reid
Colin Reid

Social workers have warned the implementation of the so-called “rape clause” in Northern Ireland could open them up to prosecution, The Guardian reports.

The UK government is planning to extend rules to Northern Ireland whereby a mother can only receive benefits such as child tax credit for up to two children, unless her subsequent child is the product of rape.

Women’s Aid Federation Northern Ireland has previously raised concerns that women who disclose a previously unreported rape could face prosecution under section 5(1) of the Criminal Law Act (Northern Ireland) 1967, which bans the concealment of offences.

Colin Reid, chair of the Northern Ireland Association of Social Workers (NIASW), has written to Shadow Northern Ireland Secretary Owen Smith to raise concerns about social workers.

Mr Reid wrote: “Exemptions sought on the basis of a child conceived as a result of a ‘non-consensual sexual act’ require claims to be accredited, and this accreditation can be undertaken by a range of groups, including ‘registered social workers’.

“Despite there being various reasons why the claimant may not want the rape to be reported, unless this matter was brought to the attention of the police, the social worker may be liable to criminal prosecution.”

Mr Smith has since written to Home Secretary Amber Rudd to query whether the UK government would reform Northern Ireland’s criminal laws to protect mothers and social workers from prosecution.

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