The Scottish Government has announced a review into how parental rights and responsibilities could be automatically restricted or suspended following conviction for certain serious offences, including child sexual abuse. The move follows a sustained campaign led by survivors, alongside Scottish Women's Aid and Rape Crisis Scotland, and has been welcomed by survivors and campaigners.
Review announced after campaign
The review, communicated by Minister for Victims and Community Safety Kirsten Oswald to Graeme Downie MP, comes after a constituent of Mr Downie's wrote to him highlighting that her ex-spouse, convicted of possession of child sexual images, was able to maintain and pursue additional contact with their preschool-aged child. Over the last year, Graeme Downie has worked alongside affected women and families from different parts of Scotland.
At present, some parents who have been convicted of serious crimes, including sex offences, can still maintain or pursue contact with their own children. In a letter, Ms Oswald said: "in many situations it may be in a child’s best interests for a convicted parent not to hold parental rights and responsibilities."
Survivors and campaigners respond
Welcoming the announcement, Graeme Downie MP said: "This is a significant moment and a testament to the courage of survivors who refused to stay silent and I want to thank the Minister for listening to their call for action." He added: "I keep thinking about the constituent who first came to me with her story. She was simply trying to protect her child, but in speaking out she exposed a problem that far too many families across Scotland have had to navigate."
Mr Downie continued: "What began with a small number of incredibly brave women has grown into a national campaign for change. I have had the privilege of working alongside survivors and their families, hearing first-hand the reality of what they have endured, helping them ensure their voices were heard by the Scottish Government and across the country. These women turned some of the most painful experiences of their lives into a campaign to protect other children and families. Today's announcement is a direct result of their determination."
Constituent's relief and call for change
Graeme's constituent, who began the campaign, said: "It was a huge relief to finally receive this response from the government, acknowledging the problem. For too long, this issue has been disregarded. To know that I have finally been heard is a momentous feeling, with this admission that there is something seriously flawed in our justice system."
She added: "This should never have happened. I don’t believe it should ever be OK that a convicted child sex offender should have an automatic right to contact with their child. The law as it stands means my ex has been able to continue to control me through the courts. After everything he has done and put us through, he is still finding a way to hurt us. It's not right."
Nicola Love, Rape Crisis Scotland’s external affairs manager, said: "The criminal and civil justice processes operate as separate entities, often to the detriment of women and survivors of domestic and sexual abuse, and that is what needs to change. This is a common-sense decision which would prevent perpetrators of sexual offences from using the family court system to inflict further abuse and protect children and young people from harm."
