The High Court today handed down judgment in a ground breaking judicial review brought by three women formerly involved in prostitution, challenging the Government’s Disclosure and Barring Service (DBS) Regulations.
Read moreSUPREME COURT CONCLUDES THAT THE POLICE HAVE A LEGAL DUTY UNDER THE HUMAN RIGHTS ACT TO EFFECTIVELY INVESTIGATE ALLEGATIONS OF RAPE AND SERIOUS SEXUAL ASSAULT IN WORBOYS CASE
The Supreme Court has today handed down judgment in a landmark case against the Metropolitan Police Service, brought by two women who were victims of John Worboys, “Black cab rapist”.
Read morePress Release 25 January 2018: Judicial Review on behalf of two victims of John Worboys issued in High Court today.
On 25 January solicitors on behalf of two women who were raped and sexually assaulted by John Worboys issued a claim for judicial review against the Parole Board and the Secretary of State for Justice (SSJ) challenging the decision to release John Worboys (now known as John Radford) from prison.
Read moreWorboys Judicial review: statement from Harriet Wistrich, solicitor for ‘DSD’ and ‘NBV’, two of Worboys’ victims
We can confirm that in the absence of any unexpected and compelling response from the Parole Board to our pre action correspondence, we intend to launch judicial review proceedings against the Parole Board next week.
Read morePRESS RELEASE 18.01.18 FOR IMMEDIATE RELEASE : Victims of Worboys to challenge parole board release decision
TODAY, two victims of the ‘Black Cab rapist’, John Worboys, launched a legal challenge to find out the reasons Worboys was granted parole and to challenge the decision itself. A crowdfund has been launched to support the victim’s legal efforts to overturn the decision to release.
Read morePRESS RELEASE FOR IMMEDIATE RELEASE 15/1/18: “We’re no criminals!” say women formerly involved in prostitution as they take on the Government’s criminal records scheme in Court
Judicial review hearing 17 and 18 January
The women bringing the case (claimants), lawyer and campaigners are available for comment. Demonstration of support outside court from 9.30 on 17 January.
Royal Courts of Justice, Court 3, Strand, London WC2A 2LL - hearing starting at 10.30
On 17 and 18 January the Divisional Court will hear an application for judicial review of the Government’s policy[1]in relation to the retention, recording and disclosure of criminal convictions arising from soliciting offences.
The claim, brought by a group of women, formerly involved in prostitution, will argue for the first time that the Government legislative scheme discriminates against women and is contrary to the UK’s legal obligations in respect of the trafficking of women. They will also rely on previous findings that the scheme is a disproportionate interference of their private life.
“I met a pimp aged 15 and two weeks later I was thrown into the violent and abusive world of prostitution. Rape became an occupational hazard but I was arrested, charged and criminalised for loitering for the purposes of being a common prostitute. After more than twenty years out of prostitution, I am still having to explain my criminal record to any prospective employer. It feels like explaining my history of abuse” Fiona Broadfoot, Claimant.
The women bringing the claim were exploited and trafficked as teenagers and forced to survive through prostitution for a number of years before getting out. Most of those who have been in street prostitution have multiple convictions under s1 Street Offences Act 1959 which means that when applying for a range of jobs or volunteering activity, DBS checks will result in their histories of prostitution being made known many years after they have left that life behind.
“It doesn’t matter what it is – trying to help out at my kids’ school or the local brownies’ coffee morning, trying to be a governor or a councillor, applying to education or training or employment – even volunteering in so many fields – with children, with the elderly, in care, with vulnerable people, with youth work, with social work – all need a DBS and then you get treated like some sort of pariah or sex offender! But it’s not fair – I never chose that life and I fought hard to get out of it but I’m always being pulled back to it as though that’s who I am but it’s not who I am.” Prostitution survivor.
The women describe their criminal records as a “catalogue of their abuse”, but as victims of rape and sexual abuse they appear to have no entitlement to anonymity in the disclosure process.
“As the judge recognised in an earlier hearing in this case, attitudes to women who have been groomed into prostitution have changed. Most are controlled and coerced and therefore meet the wider definition of trafficking. As such this policy is inconsistent with the Modern Slavery Act as it continues to punish victims” said Harriet Wistrich, solicitor for the women.
“We wish to see women’s existing records expunged, immediate amendments to existing legislation and guidance around recording, retention and disclosure and, in future, women should not be criminalised for their involvement in prostitution but offered help and support to access a full range of viable opportunities and choices besides prostitution,” Said spokesperson for nia, (charity supporting the women).
END Notes
For more information about the case:http://centreforwomensjustice.org.uk/2017/12/18/prostitution-convictions-january/#more-1977
Spokespeople
Harriet Wistrich (Lawyer from Birnberg Peirce acting for the women and Director of Centre for Women’s Justice, supporting the women) 020 7911 0166 or 07903 912 641
Heather Harvey (Research and development manager at nia– a charity working on all forms of violence against women and girls and supporting the women) 0207 683 1270 or 07472 145141.
[1]The Disclosure and Barring Regulations
Statement re John Worboys’ imminent release
‘DSD’ and ‘NBV’, the two claimants in the case against the metropolitan police arising from their abject failures to investigate the original multiple allegations made against Worboys* have expressed their shock and dismay at the latest failures by criminal justice agencies.
Read morePROSTITUTION CONVICTIONS: Women granted permission to challenge Government Judicial Review Hearing on 17 and 18 January 2018, High Court, London
Early next year the High Court will consider a ground breaking legal challenge brought by several women challenging the criminalisation and continued punishment of prostituted women. If successful, it will bring to an end a shameful practice in modern day Britain, where those who are victims of abuse and exploitation continue to be labelled and punished for something that was in a large part done to them.
Read moreDeceived women launch sexism complaint to United Nations against UK government undercover policing
Seven women psychologically and sexually abused by undercover policemen infiltrating UK protest groups have lodged a complaint to the UN Committee on the Elimination of Discrimination against Women.
First Legal Challenge of Prostitution Criminal Records
On 27 July the Divisional Court1 will hear an application from the Government to stay a ground-breaking legal challenge of its policy in relation to the retention and disclosure of criminal convictions arising from soliciting offences.
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