Northern Ireland

NI women applying for 'rape clause' child benefit at risk of probe under Troubles law

WOMEN in Northern Ireland who disclose they are rape victims to the NHS in order to qualify for a child tax credit could be at risk of a police investigation due to a Troubles-related law.

Legislation unique to the north drawn up in the late 1960s makes it an offence to fail to report to police that a potential crime has taken place.

Doctors, nurses, midwives and other health professionals assessing an applicant's case for 'third child' tax credit payments may also be committing a criminal offence if they fail to alert the PSNI about the confidential disclosure.

Experts say a police investigation is possible under section five of the 1967 Criminal Law Act (Northern Ireland). A conviction could result in a two-year prison sentence.

The clause was introduced in an attempt to prevent the concealment of serious offences.

It means a woman who has not previously told police of an assault could be at risk of a criminal investigation if she then informs officials of it through her tax credit application.

A senior police officer who has been investigating sex crimes for more than 20 years told The Irish News in 2014 that as many as 80 per cent of such offences go "unreported" in the north - with the majority of victims either related to or knowing their attacker.

Inspector Anne Marks, who was involved in the development of a unique centre in Antrim to encourage self-referral among rape and abuse victims, also said the low level of reporting was linked to historic mistrust of police authorities in Northern Ireland.

Victims often also fear the breakdown of family relationships.