When victims are treated as offenders: a landmark decision for survivors of child sexual exploitation

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A recent decision by the Crown Court to quash the convictions of a woman who was groomed and sexually exploited as a child marks an important moment in the recognition of the profound impact that child sexual exploitation can have on vulnerable young people. Following a referral by the Criminal Cases Review Commission (CCRC), the Court accepted that the convictions were unsafe and should not stand.

The case highlights a longstanding issue: for too many years, children who were victims of grooming and exploitation were viewed through the lens of offending behaviour rather than recognised as children in need of protection.

A child failed by the system

The woman, known as Ms AB, was just 14 years old when she was convicted in 2002 of offences including being carried in a stolen vehicle, possession of an imitation firearm and assault. At the time, she was living in a children’s home and under the control of an older man who had groomed and sexually exploited her from a young age. The CCRC’s investigation later uncovered compelling evidence of the abuse, coercion and control she had experienced.

In referring the case back to the courts, the CCRC concluded that there was a real possibility that the prosecution amounted to an abuse of process. It found that failures by public authorities to recognise and respond to the exploitation she was suffering had prevented her from effectively participating in the criminal proceedings and considering potential defences available to her.

Dame Vera Baird KC, Chair of the CCRC, described Ms AB as having been “failed by the very institutions that should have kept her safe”, noting that she should have been protected rather than prosecuted.

Recognition of institutional failures

The case is particularly significant because it is the first grooming gang case referred by the CCRC following Baroness Louise Casey’s review into group-based child sexual exploitation and abuse, which identified widespread institutional failings in the way vulnerable children were protected.

The decision reflects an evolving understanding of how grooming, coercion and exploitation affect a child’s ability to make free choices. Conduct that may once have been viewed purely as criminal offending is increasingly being understood within the context of exploitation and abuse.

Seeking justice beyond the criminal courts

While the quashing of a conviction can represent an important step towards justice, many survivors continue to live with the lasting consequences of failures by public bodies to protect them.

In this case, Enable Law was proud to support Ms AB in pursuing a civil claim against the local authority responsible for her care. The claim focused on the authority’s failure to safeguard and protect her from the abuse and exploitation she was experiencing as a child.

Civil claims can provide an important route to accountability where organisations, local authorities or other institutions have failed in their duties to protect vulnerable children. They can also help survivors obtain compensation for the significant psychological, emotional and practical impact of the abuse they have endured.

Lessons for survivors and professionals

The CCRC has indicated that it is currently considering other cases involving victims of grooming and exploitation who may have been criminalised rather than protected. It has also expressed hope that this decision will encourage others in similar circumstances to come forward.

For survivors, the case serves as a reminder that historical decisions can be challenged where new evidence demonstrates the true context of what happened. For local authorities and other safeguarding agencies, it reinforces the importance of identifying and responding appropriately to signs of child sexual exploitation.

Above all, this case is a powerful recognition that vulnerable children who are manipulated, controlled and abused should be seen as victims first and foremost. When institutions fail to protect them, the law can provide avenues not only to correct past wrongs, but also to secure accountability and recognition of the harm suffered.

Ms AB has a message for survivors ” it’s not too late to get justice, even the system needs to be held accountable for their failings, don’t be scared to speak up, there are people who care about what’s right, and will help you fight,  please reach out to the CRCC if you can relate to my case.”

Gary Walker, Partner and head of abuse at Enable Law says “I am incredibly pleased that Ms AB has had her conviction quashed but this does not take away that she was criminalised rather than treated as a victim and it does not properly recognise the impact that this has had on her life.  Her courage and persistence will hopefully help other people who have similarly being wronged by the system designed to help them achieve some degree of justice.”

How we can help

The quashing of Ms AB’s convictions is an important reminder that survivors of child sexual exploitation may have legal options available to challenge past injustices and hold organisations accountable for failures to protect them. Many people who were groomed, exploited or abused as children continue to live with the consequences of being let down by the very institutions responsible for their care.

At Enable Law, we have extensive experience supporting survivors of abuse and exploitation, including those who have suffered because local authorities, schools or other organisations failed to safeguard them. We understand that coming forward can feel daunting, particularly when the events took place many years ago. Our specialist team approaches every case with sensitivity, compassion and understanding, taking the time to listen to your experiences and explain your options clearly.

If you believe you were failed by those responsible for your safety as a child, we are here to help. You can contact us on 0800 044 8488 or fill in the form and a member of our team will call you back at a time that suits you.

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