Woman conceived by rape of her 13-year-old mother wants DNA test to prosecute father: ‘I’m a walking crime scene’

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A woman who says she was conceived by child rape wants to bring her father to justice by using her own DNA as evidence – branding herself a “walking crime scene”.

The complainant, who was adopted at the age of seven months in the 1970s, learnt from her adoption files that she was conceived when her 13-year-old mother was raped by a 35-year-old family friend.

The woman, who wants to remain anonymous, said her birth is proof of a child rape and wants a DNA test carried out to use as evidence against her father.

“I’d always thought that it was so wrong that my birth father was never prosecuted,” the woman told the BBC’s Victoria Derbyshire programme.

“It was then that I thought, I’ve got DNA evidence, because I am DNA evidence. I’m a walking crime scene and it’s all written in the files. Surely people are going to take me seriously.“

The complainant is hoping to bring what is termed a “victimless prosecution” – where no evidence is submitted by the victim of the alleged crime – because the law does not recognise her as a victim and her mother does not want to be involved in legal action.

West Midlands Police said they had closely coordinated with the Crown Prosecution Service (CPS) over the allegation and it would not support a prosecution through the courts.

The daughter said she discovered the context of her conception while studying her own adoption records when she obtained them at the age of 18.

“The records said she’d gone to babysit at his house, and he raped her. It says in seven different places in the files that it was rape,” she said.

“It states his name and address, that social services, police, health workers knew – but nothing was done about it. It made me feel angry, devastated for my birth mum. For me.”

The complainant added: “This has nearly beaten me down. Being adopted comes with so many difficulties, and the trauma of this has affected every part of my life. But I will persevere because I know this is so wrong and I want justice.”

She said her birth mother had been let down by the original police investigation which took place back in the 1970s.

No rape complaint was made at the time and the woman’s mother has not wanted to co-operate with an investigation since.

The complainant said: “Because of that crime, I am alive. My whole life’s been dictated by it, but no-one will see me as a victim. I am living, breathing proof of a child rapist and nobody is interested. How is that OK?

“I want the police to demand a DNA test. I want the police and social services to apologise for their failures and to learn, and I want the definition of victim to be reviewed.”

She confronted her father about the allegation but he did not confirm or deny the claim, she added.

Jess Phillips, Labour MP for Birmingham Yardley, argued children conceived through rape should “absolutely” be considered victims.

She told the BBC: “The sort of emotional effect that would have on a person, their relationships going forward, on their lives, on how they feel about themselves, it undoubtedly will have affected them.

“I thought we had won this argument, the idea you don’t have to be a direct victim of abuse – we would never suggest in a domestic violence situation that a child who had never suffered any violence themselves was not a victim of the crime happening around them – to me it’s exactly the same test that is met.”

Chief Superintendent Pete Henrick, head of West Midlands Police’s public protection unit, said the force did not underestimate the impact “no doubt suffered” by the complainant.

He said the force had not received a rape claim in the 1970’s and the alleged victim did not want to co-operate when her daughter approached her in 2014.

“In light of this, she asked whether she could be identified as a victim herself and if the case could be progressed on those grounds,” a statement said.

”The law does not recognise her as a victim in these circumstances. We liaised with the CPS and were advised they would not support a prosecution.

“Our handling of the case was scrutinised by both our professional standards department and the Independent Police Complaints Commission, at the time, and both agreed the police action and conclusion were appropriate.“