Jimmy Saville legal loophole that lets child rapists off

[KindCompassion]

Last year I went to the police because I was raped as a 15 year old in 1999. Because he can only be punished by the laws at the time, he cannot be charged with rape because it had to be reported within 12 months, as per the 1956 Sexual Offences Act. If I had been older or younger or a man then he could have been charged with rape.
I am absolutely traumatised by this.

Many of Jimmy Saville’s victims were in this demographic of 13-15 year old girls and I bet he knew full well that if 12 months passed he was home and dry. This is why I call it the Jimmy Saville loophole.

I miraculously got an amendment to the law tabled in the House of Commons in June by Liz Jarvis MP (not my own Labour minister MP who is useless) but they spent more time listening to a Tory whinge about how long it takes to get a shot gun license and they never debated it. I went to the public gallery to watch and my expensive water bottle was stolen when in the care of the Doorkeepers. I had to threaten to sue them to get them to pay me back.

I have written to the Lords who previously talked about this. No response.

I have written to Baroness Casey with my finest fountain pen to ask that this loophole is closed and had no reply. She did the grooming gang review this year that recommended changes to the law to protect teenage girls. She didn’t even include in her report that pre 2004 rapes have this procedural limitation.

I got a reply from Sarah Sackman MP, the Minister in charge. She called what happened as having ‘factual consent’ which as a woman I find a disgusting way to refer to rape.

The Guardian have previously written an article about it. I even wrote to the Daily Mail for help and Nigel Farage because apparently it’s the ECHR which stops the law from being changed to get my justice.

I even wrote to the King, whose secretary did reply but it was useless.

Let’s not even get started on the fact he can’t even be sued now for his assault, like almost every other assault can be sued in civil courts. So if he inherits lots of money from his parents I cannot get it off him.

I am at a complete and utter loss at what to do. There will be thousands of 13-15 year old girls raped between 1956 and 2004 when the new law came into effect, maybe even someone else reading this.

The only people I’ve found who actually care are the Liberal Democrats.

In addition to this, because the man was my brother, my parents and other brother have taken his side, despite admitting that they know I’m telling the truth. I have no blood family now other than my beautiful baby daughter.

I can’t speak to any of the charities that support survivors of sexual abuse because they don’t want to talk to anyone with an active case (they may charge him with a lesser crime).

The police don’t want me to post about this to my large LinkedIn connections in case it is used by the defence as attempting to “prejudice the jury” despite me using a different name professionally.

Oh, and I did try to report within 12 months but the police fobbed me off at the time.

I believe this is the biggest miscarriage of justice in British legal history, dwarfing the post office scandal for numbers of victims (who can’t even be counted if they even went to the police).

The world is a truly horrible place that protects child rapists and I am deeply despairing.

Oh I am just thinking maybe Jess Taylor? I am connected to her on LinkedIn so I will send her a message now. Has she been mentioned above?

So very sorry to hear this.

the Welsh MP Liz Saville Roberts is really hot on helping women and girls - she might be able to work with the other MP to get the amendment tabled again?

Also the lady that’s pushing for the deepfakes to be illegal might help (but I’ve forgotten her name)

In the Lords try Tanni Grey-Thompson and Floella Benjamin - both are hot on equality / women’s rights so might take this up.

It sounds like you’re over the border from me but S4C might pick this up, especially as there’s hints that Foden was active in the 1990s and this law could affect any other charges that could be brought against him.

Not by me as far as I am aware.

You are a legend.
It was a massive trauma to discover this Jimmy Savile loophole. I’m a civil servant and it makes me want to leave the state’s employment, because it is so disgustingly corrupt.

Thank you for your suggestions @Iamdefinitelynamechangingforthis @ScrollingLeaves @MaggieBsBoat

I’m sure it all helps. I definitely don’t feel quite as hopeless as I did at the weekend.

@ScrollingLeaves
Here’s the email I’ve drafted for Rape Crisis

Dear Rape Crisis,

Unfortunately your website is giving wrong information to some rape survivors, specifically where you say “No matter when it happened, you can still make a report to the police. There is no time limit on reporting sexual offences such as rape and sexual assault.”

This is not the case. If you were a woman aged 13-15 and raped pre 2004 there is a 12 month limitation on reporting your rape, which means that the police will do nothing now, and not even necessarily record it as a crime. I discovered this after the police wasted 9 months of my life investigating my disclosure. I refer to this as the Jimmy Savile loophole, as most of his victims were in this age range because I suspect he knew full well that the State sanctioned his behaviour.

This is section 6 of the 1956 Sexual Offences Act.
A full legal description of this revolting gap in the law can be read here
Chapter on Historic Offences.pdf discovery.ucl.ac.uk/10049397/1/Rogers_7.%20Chapter%20on%20Historic%20Offences.pdf

The Guardian’s article can be found here
https://www.theguardian.com/society/article/2024/aug/25/thousands-of-women-abused-as-children-may-be-unable-to-get-justice-due-to-legal-anomaly

I have to admit, I am rather surprised that your website doesn’t tell people this. I’m desperately trying to raise awareness and get the law changed, but few seem to care. Liz Jarvis MP raised an amendment in June but unfortunately the Speaker didn’t raise it for a debate.

This Jimmy Savile loophole will affect thousands of women. No one knows about it. No one cares it exists, and very very few people seem to care to change it.

If you can please change the advice you are giving victims so they are not mislead, I would appreciate it.
Beyond this, I would really welcome a conversation about raising the profile of what I believe is the biggest miscarriage of justice in British legal history.
My MP and the Minister Sarah Sackman MP have been totally useless, referring to “factual consent” of the rape, which has totally disgusted me. Indeed, the whip has not been withdrawn from Peter Mandelson who befriended a similar rapist, indicating that the political establishment does not view the rapes of young girls to be a serious crime.

Many thanks

That is great @KindCompassion

I was just watching Channel 4 about the Epstein trafficking of under age girls and all the covering up that has gone on. The presenter/journalist was talking to Nazir Afzal at the end to hear his expertise. I suddenly remembered him and wondered if he could help in any way? Do you know about him? In case not, he was the Crown Prosecution Service's lead on child sexual abuse and was involved in prosecuting the Rochdale grooming gangs.

@ScrollingLeaves this crossed the desk of Keir Starmer when he was DPP. He said he hasn’t seen it, and of course he hasn’t. The CPS exist to prosecute crimes. They aren’t involved in questioning or changing the law. The police wouldn’t even present the case to the CPS, and the CPS already have more than enough work to do.
I wrote to Sarah Champion MP who lead the all party group, although she probably won’t reply. Does anyone know someone who lives in Rochdale who could raise it for me please?

I live in Rochdale but our MP is Paul Waugh. Sarah Champion is MP for Rotherham.

Thank you for the correction @HobnobsChoice

Yes you are right but I think Nazir Afzal is not in that role anymore and so thought he might take an interest and might possibly have some advice.
AI says:
10

“Nazir Afzal is currently an independent consultant and holds several prominent roles, including being the Chancellor of the University of Manchester, the independent Chair of the Catholic Church's Safeguarding Agency, and a Strategic Advisor to the People's Powerhouse. He also continues his work as an author, advisor on legal matters, and has held recent roles such as National Adviser to the Welsh Government.”

I just looked up what the law was before the 1956 Act. It was similar but even worse! Girls only had 3 months to report the crime.
I am ashamed to be British. All those people waving flags need to have a word with themselves, and I say that having been married to a veteran and been a civil servant for many years.

Would you mind asking your MP to find out from the police if there were crimes committed by this grooming gang that couldn’t be prosecuted because of this law? Apologies for linking to the DM.
www.dailymail.co.uk/news/article-15209501/Asian-grooming-gang-Rochdale-schoolgirls-court.html

What is shocking is that although people will hardly look at Gaugin paintings now through disgust and horror over the very young girls Gaugin was with in the late 19th Century as we say this is rape, we as a country have effectively been turning a blind eye to men raping young girls the U.K. even into the early 21st Century.

This is where it’s dangerous to use AI. I’ve read the Casey Review twice (and operation yew tree on Savile) and nowhere does it make this link.
The AI you used has made up that “This time limit was identified in several reviews and audits (such as the Baroness Casey report)”. It hasn’t been.
AI is really good at producing something that looks a lot like an answer, but I would suggest it is not able to accurately summarise the various reports yet.
I definitely see how AI slop is becoming a problem, because now it’s been posted that it was included in the reviews, AI will read that post and continue to repeat its error without correction. The AI answer was also incorrect about the specific nature of the loophole in a previous post too sadly.

Goodness, I am so sorry in that case for posting those AI replies. It is lucky you all ready knew so much that you saw the information is wrong.

Would it be best if I were to ask mn to remove these posts do you think?

Probably - it’s everywhere now. Thank you x

I have asked for those posts with AI to be removed. My apologies again.

I had no idea that old crimes had to be judged according to the laws of the time! It's a bit like grandfather's rights on vehicles. I always thought it odd that some people could drive a 7.5t vehicle with no training.

Tonight on Channel 4 (re the Grooming gang enquiry) I saw the barrister Ivor Frank. (17:25 minutes in.)
Seen 'Channel 4 News'? Watch it here on Channel 4:

https://www.channel4.com/programmes/channel-4-news?cntsrc=social_share_ios_channel_4_news

He mentioned he had been involved in the following enquiry into child sexual abuse. (In care 3-16 himself.) I think he mentioned they looked back a long way -100 years.

This past enquiry as described by the BBC below was what he was referring to:
https://www.bbc.com/news/uk-34965912
BBC
2016 updated 2020
How does the inquiry into historical child sexual abuse work
The Independent Inquiry into Child Sexual Abuse (IICSA) in England and Wales is investigating claims against local authorities, religious organisations, the armed forces and public and private institutions - as well as people in the public eye.
But it was dogged with controversy after being announced in July 2014, with chairwomen coming and going and lawyers quitting their posts.
Why was the inquiry set up?
Following the death of BBC presenter Jimmy Savile in 2011, hundreds of people came forward to say he had abused them as children.
The spotlight has also fallen on sexual assaults carried out in schools, children's homes and at NHS sites.

Evidently Ivor Frank was a child protection barrister.

Might he have views about the effects of this loophole on the past cases they looked into?

Raja Miah will probably be interested in this.

x.com/recusant_raja?t=H_7Y81FsYC2cCdd_KJ4Pgw&s=09

Bless you. I’m so sorry for your experience and your pain. My family has closed ranks around an abuser in our family and the person in our family that he abused has been treated awfully .
as a consequence I don’t really like them very much anymore.

I doubt it will make you feel better, but this is the norm and not the exception. I’m very sorry to hear about your family member.
Most people believe themselves to be far more moral than they actually are.