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Report of Legal Action for Women Self-Help Workshops Claiming compensation for rape and other violence, 11 April 2002 The compensation workshop was attended by over 30 people including 15 rape survivors. Lawyers and other organizations such as the National Association for People Abused in Childhood spoke about their work. Others came to find out how they could be helpful. After an introduction by Nina Lopez-Jones the chair of the workshop, Rachel Burley from LAW outlined the different kinds of compensation and how the experience of rape survivors is common to all claimants. Lisa Longstaff from Women Against Rape explained the importance of women being able to claim compensation. Only 7% of reported rapes result in conviction and for any woman, official recognition that a serious crime has been committed against her is a vital first step in the healing process. Where the attacker is not convicted, criminal injuries compensation can provide that vital acknowledgement, although awards from the CICA have been dramatically capped since 1996, when a tariff (fixed sum per injury) was introduced. Currently, women can get £11,000 for rape. Ms Longstaff described the main problems rape survivors face in claiming compensation, such as not being informed of their right to claim, or who can help, use of their sexual and medical history to humiliate and dismiss them, discriminating on the basis of a woman’s occupation or criminal convictions, including for minor offences such as prostitution, shoplifting or possession of cannabis. Women then spoke very movingly about their experience of claiming compensation. A woman described being raped at knifepoint while working as a prostitute. With the support of LAW she had brought the first private prosecution in England and Wales; the serial rapist got 11 years. She was refused compensation and appealed. Represented by WAR she was finally given a reduced award of £5000, reduced by 1/3 for her “unlawful activities”. One CICA Appeal Panelist, stated at the hearing that “the rape of a prostitute was not the same as for an ordinary woman”. Another woman attacked and left with severe injuries described how she was misled into signing a no win no fee agreement by her lawyer which would give the lawyer one third of any award despite the fact that she was entitled to legal aid. The solicitor then contacted the English Collective of Prostitutes, based at the Crossroads Women’s Centre for advice as he had no experience of doing cases such as these! The ECP referred the case to LAW and we are currently trying to get her released from this dishonest agreement. Niki Adams described working with WAR to advise lawyers how to conduct a case and in particular helping women to bring out the full extent of the impact of the rape on them. Liz Dux from Russell Jones and Walker Solicitors who specializes in this area answered a wide range of questions. Everyone was very encouraged to hear that legal aid is available for a Mackenzie friend at the hearing if the woman is unable to represent herself. Participants were shocked at the systematic hostility and discrimination that women face but admiring of women’s persistence and courage. People commented that they had learned an enormous amount and a number of lawyers came forward, including representatives from a prestigious city firm, to offer pro-bono advice. Two workers from advice agencies who had been trying to help women claim compensation said they felt much better informed about how to proceed. We also resolved to continue the pressure on the CICA, including by exposing those who express sexism. We met afterwards to plan the follow-up work needed on women’s cases. We wrote to the Home Office and probation service about the release of the man who was convicted as a result of our private prosecution. Several women who had won their case were interested in helping others. We are compiling a rights sheet on how to claim compensation based on the information from the workshop. The workshop was videoed and may be edited and distributed at a later date. Over 50 people attended this workshop including representatives from agencies such as Notre Dame Refugee Centre, Asylum Aid, 10 women asylum seekers, 10 lawyers and a number of psychiatrists and other professionals. Nina Lopez-Jones introduced the workshop. Cristel Amiss from Black Women’s Rape Action Project outlined women’s experiences of dispersal under the National Asylum Support Service (NASS) set up by the Home Office to administer the allocation of vouchers to asylum seekers, the provision of accommodation and dispersal. She described how hard it is for rape survivors to get the basic legal, medical and other help to which they are entitled. Several women dispersed out of London described their personal experiences of these difficulties. Some had successfully fought dispersal, enduring terrible conditions and prolonged battles. One woman was threatened with homelessness when the hostel she stayed at found her mother had sometimes stayed in her room. Others described how women, some with children, had lived for months in mixed, dirty, crowded, unsafe accommodation run by private contractors where they were sexually harassed. Over 50 people also attended this workshop including representatives from agencies such as UNHCR, various law centres and community centres, over 15 women asylum seekers and representatives from seven lawyers firms. Emily Burnham from LAW gave an overview of the current system for detaining asylum seekers. She said that under the government’s new proposals detention will extend to all asylum seekers including children and victims of rape and other torture. Women from Women Against Rape said that because of the difficulties rape survivors face speaking about their experience they are disadvantaged since the full facts of their situation aren’t known. Women may have been raped in detention in the country they have fled from but are then detained when they arrive in the UK, compounding their trauma. They spoke about the devastating consequences of careless and negligent legal representation. In some cases it seemed the lawyers would prefer the woman to stay in detention and even be eventually removed. Niki Adams from LAW described our emergency work defending immigrant prostitute women arrested by police and immigration raids on flats in Soho. We had to work through the night to find lawyers to get women out of detention and prevent their removal. Women from China, Cote D’Ivoire, Eritrea, Kenya, Romania, Uganda among other countries spoke movingly (often through an interpreter) about their experience of detention and being threatened with deportation. One woman wept as she described trying to kill herself at Oakington “Reception” Centre because she was so frightened about being sent back. Another described how women held in detention had to hide their distress so that they wouldn’t be sent to the medical wing, where women are held in isolation and heavily sedated. All had been raped and unable to speak about their trauma to the authorities. Women described the inventive ways they and other women had resisted deportation. One woman had prevented her removal several times on one occasion by speaking to people on the plane who persuaded the pilot to refuse to take her. The point was made that the fight women are making in defence of their rights is most hidden. At each workshop one of the solicitors with whom we work closely was asked to do a brief presentation about the legal challenges which have been made and how everyone can use them. It was very encouraging to find out how much could be done legally to challenge the inhumane treatment people are receiving. Many suggestions were made about how those legal actions could be made more effective when combined with women’s resistance and other campaigning. Much of the discussions centred on the devastating impact which the new Nationality, Immigration and Asylum Bill, if passed, will have on women, their children and families. The government plans to introduce more “Reception”, “Accommodation” and “Removal” Centres – imprisonment by another name. Children, who have been accused by the Home Secretary of “swamping” schools, will no longer be entitled to attend school and will be taught separately in these centres. Someone commented that while the government claims to condemn Le Pen and the British National Party, their anti-immigrant apartheid policies owe much to the extreme right wing. There was a very useful exchange on the role of professionals, who often claim that nothing can be done instead of insisting on the highest standard of representation for women asylum seekers as for everyone else. People agreed on the need for ongoing initiatives in which all those concerned could participate, including making visible widespread opposition to the proposed legislation. Many felt that the best funded organisations were keeping quiet when they should be speaking out! Without their acquiescence the government could not implement their plans. Some people commented that lucrative contracts rather than the best interests of asylum seekers are determining the response of these organisations. The workshops were a unique opportunity for women who have escaped rape, other torture and even death, often with small children, to discuss what can be done with each other and with legal representatives, health and other professionals, campaigners and concerned individuals generally. It was striking to see how much women’s own determination and the committed work of grassroots organisation and a few lawyers, can achieve. The workshops closed with a new resolve to exchange information and work more closely together from now on. Follow up to the asylum workshopsWe were determined not to let the momentum of these successful workshops fade away so we drafted a letter that organisations could sign opposing the new asylum Bill based on the issues which had emerged from the workshops. We aimed for it to be published to coincide with the Third Reading of the bill. Over 80 organisations and prominent individuals had signed by the time the letter was published in The Guardian on 15 June (see enclosed). A substantial amount of service work followed the workshops. For example, we worked with WAR to take one woman’s case, who spoke at the workshop and who since then has started volunteering with LAW, to the House of Lords. She lost and we are now considering going to the European Court. However, the network which came out of the workshops has provided practical help for this service work. We were able to find accommodation for two Moldavian women who had been trafficked and came to us for help, having escaped from men who raped and beat them and forced them to work in the sex industry. They had run away in the night and consequently had no papers. Notre Dame Refugee Centre was able to recommend short stay accommodation with some nuns. Also, as a result of the workshop we were invited by solicitor Jerry Clore to intervene in a key case before the House of Lords which would force local authorities to continue to provide help to vulnerable asylum seekers. We have also been asked by a group of mothers and other carers to help distribute information about their initiative which has brought together parents, teachers and students to speak out against the government proposal to segregate the children of asylum seekers in detention centres and prevent them attending mainstream schools (see enclosed). On 8 October, we will be participating in a Briefing in the House of Lords on this issue. Reports of the two workshops have been published in various publications and a substantial article is due to appear in the journal of the Green Party as a result of its editor and a barrister who is their spokesperson on Home Affairs attending the last workshop. Other
ongoing and future work |
