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Rape Survivor Forced to Keep Abuser's Surname for Daughter

Summary

  • 5-year-old girl ordered to keep rapist father's surname
  • Mother argued it was retraumatizing for the child
  • Judge ruled surname was part of the child's identity
Rape Survivor Forced to Keep Abuser's Surname for Daughter

In a controversial ruling, a 5-year-old girl has been ordered to keep the surname of her rapist father, despite the history of serious domestic abuse. The child's mother had argued that tying the daughter to the name of her abuser was retraumatizing, but the court found the surname to be an important part of the child's identity and heritage.

The father was found to have committed four 'very serious' incidents of sexual abuse, including rape, against the mother between 2015 and 2017. He was also threatening and verbally abusive during the breakdown of the relationship. Despite these findings, the judge ruled that changing the child's surname would 'constitute a further rupture in the link she has to her father' and was not justified.

The decision has been heavily criticized, with the mother's barrister stating that 'a rapist's rights are more important than [the] victim's'. The case highlights the ongoing challenges faced by survivors of domestic abuse in the legal system, where the rights of abusers can sometimes take precedence over the wellbeing of their victims and children.

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The judge ruled that the child's surname was an important part of her identity and heritage, despite the father's history of serious domestic abuse and rape against the mother.
The mother's barrister criticized the ruling, stating that 'a rapist's rights are more important than [the] victim's' and that the decision was 'abusive, state-sanctioned harm'.
The father was found to have committed four 'very serious' incidents of sexual abuse, including rape, against the mother between 2015 and 2017. He was also threatening and verbally abusive during the breakdown of the relationship.

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