To Be Born – Even Of Rape – Is Not To Be A Victim

It’s a pretty standard part of English law that to be born does not make you a victim. Further, that the delivery of a child is not something which requires compensation. It is not an ill, it is not a harm. Thus this lady is on a hiding to nowhere:

[perfectpullquote align=”full” bordertop=”false” cite=”” link=”” color=”” class=”” size=””]Woman born of rape does not count as a victim, say police as she seeks to prosecute her birth father[/perfectpullquote]

Being born is not the creation of a tort. Therefore she’s not a victim.

[perfectpullquote align=”full” bordertop=”false” cite=”” link=”” color=”” class=”” size=””] Children born of rape do not count as victims, police have said, after a woman seeks to prosecute her birth father after allegedly raping her mother. The woman, who wants her father brought to justice in a victimless prosecution by using her own DNA as key evidence, discovered the alleged rape while going through her adoption records. [/perfectpullquote]

Nobody particularly seems to be arguing that it wasn’t a rape – statutory or not – but that’s not the point. Given that the woman isn’t a victim of anything at all she’s no standing to bring a case or insist that someone else does.

Assuming that it was in fact a rape – as again most seem to be agreeing – then the victim is the mother, the woman who was raped. And she has indicated rather firmly that she doesn’t wish to take it any further. It being one of those things, you know, we always listen to the victim?

The police are doing exactly the right thing here.