01 Dec Legal Blog: Parental Responsibility on Rapist (Children)

26.11.2025 

Parental Responsibility and Rapists: What the 2025 Reform Means for Children and Survivors 

For years, some survivors of rape who became parents through that trauma faced a painful reality. Their attacker could still have a legal say in their child’s life. 

They could make decisions about schooling, healthcare, or even block a child from travelling abroad.
For many survivors of sexual and domestic abuse, that power felt like the continuation of abuse through the legal system itself. 

Now, the law has finally listened. 

Recent Changes in Family Law 

On 22 October 2025, the Government announced a major reform through the Victims and Courts Bill. 

Under the new legislation, anyone convicted of rape or a serious sexual offence will automatically lose parental responsibility for any child who was conceived from the assault. 

This means a person who has committed rape will no longer have the right to make decisions about a child’s life, including their schooling, healthcare, and residence. 

The reform goes further. A parent who is convicted of a serious sexual offence against any child, not only their own, will also automatically lose parental responsibility for all children they are connected to. A separation application to the family Court for parental rights to be removed is no longer required. 

Since 2014, the Children Act 1989 has required courts to presume that the involvement of both parents will further a child’s welfare, unless there is evidence to the contrary. That reform helped close a gap in the law and was intended to send a clear message about the value of parental involvement. The presumption will now be repealed, enabling courts to consider each case on its own facts, without any inherent bias towards contact being in the child’s best interests. 

The safety and wellbeing of children and survivors come before the rights of offenders. 

What This Means for Survivors and Children 

Imagine the strength it takes to rebuild your life after such deep trauma. Now imagine being told that your attacker can still influence your child’s future. 

For many survivors, that is no longer the case. 

The new law means that when a person is convicted of rape, their parental rights will be taken away automatically at the point of sentencing. Survivors no longer need to go back to court to ask for those rights to be removed. 

This small but powerful change offers peace of mind. It protects survivors from being dragged through long and painful legal battles, and it shields children from the ongoing reach of abuse. 

Why This Change Matters 

This reform is about more than legal procedure. It is about dignity, safety and healing. For survivors, it means they can raise their children without the shadow of control or fear.
For children, it means growing up free from the influence of someone who has committed serious sexual crimes. 

As Rape Crisis England & Wales said, this change “puts the safety and wellbeing of children and survivors first.” 

It reminds us that parental responsibility is not a right to be taken for granted. It is a trust, one that must always serve the best interests of a child. 

A Message for Everyone 

This reform does more than change the law — it helps build a culture of protection and understanding. 

By learning about these changes, parents, teachers, employers and community leaders can help create spaces where survivors feel supported and children stay safe. 

When we understand how the law protects those at risk, we all become part of the effort to prevent further harm. 

Together, these reforms reflect a transition from emphasising parental rights to placing the child’s best interests at the heart of decision-making. 

Looking Ahead 

There are still questions to be answered. How will courts interpret what is “in the interests of justice”? How will local authorities handle referrals when the link between rape and conception has not been established in court? 

These are issues that will become clearer over time. But the intention of Parliament is unmistakable. The balance of power in these cases has shifted. 

Survivors and children no longer have to carry the burden of protecting themselves through the courts. The law now does it for them. 

Our View 

At Arona St James, we believe this reform is a long overdue step towards a safer and fairer system for survivors and children. 

We have supported clients who faced the distress of seeing their abuser retain legal control over their child. We understand the fear, frustration and exhaustion that can bring. 

This change in the law allows survivors to focus on rebuilding their lives and raising their children in safety. 

If you or someone you know has been affected by these issues, you do not have to face them alone. 

Our family law team is here to listen, explain your rights in plain language, and help you take the steps needed to protect yourself and your child. 

Contact us in confidence. We will guide you with compassion, clarity and care.