The CSO reports 480 rapes in 2010 (male and female). The Dublin Rape Crisis Centre estimates that 83% of those raped are female, with around 80% being of childbearing age. This would give rise to a figure of 319 women of childbearing age who were raped in 2010. The DRRC alone supported 25 women who became pregnant following rape in 2010. That is only the Dublin area, so the figure could probably be doubled for the rest of the country.

Now consider that rape is one of the most under reported crimes there is. The Gardaí estimate that only 1 in 4 crimes is reported. For rape, it is estimated that anything up to 95% go unreported. Which suggests that there could be anywhere from 200 to 1000 children born each year in Ireland as a result of rape.*

In your blog, you mention the estimated number of children who do not have fathers named on their birth certs is around 4000. I do not doubt that some fathers are not named in order to benefit the mother and father. This violates the rights of the child, although those rights are not as yet recognised in the law. However, it must be recognised that a significant number of fathers will not be named because they are unknown, whether that is due to rape or casual relationships. And another significant number will remain unnamed in order to protect the child from potential harm. 

It is this last group, potentially 25% of the ‘problem group’ in question, who must be prioritised when this proposed legislation is being discussed. Only 7% of rape cases result in convictions. This is 7% of possibly only 5% of all rapes. Some women do not know who the father of their child is, some do and live in fear of repeat attacks or of the father attempting to lay claim to a resulting child. I would not want a rapist having any claim to my child. I doubt anyone would. 

This law could potentially criminalise women who either do not know who the father is or who fear naming the father. It is a misogynistic piece of legislation and much of the debate surrounding it harks back to a time not so distant when single mothers were locked up in laundries for the sin of falling pregnant. 

Those who debate the laws and who form legislation tend to do so from a position of privilege. It is essential that our privilege does not obliterate our empathy for those in situations much harsher than our own. There is too much demonisation of the powerless in this country. Welfare fraud is spoken of as a drain on public finances when it has been proven that fraud is actually quite insignificant in comparison to the mistakes and wastages caused by SW administrators, and is nothing at all compared to the tax fraud perpetuated by the wealthy in society.

I know you hesitated before writing this post and I apologise for this comment being so long, but I would hope to cause you to pause once more before writing off all 4000 women with ‘fatherless’ children as cheats or frauds. Each one has a story to tell and has a reason for leaving that form blank. Some reasons may be dishonest, but many will be heartbreaking. Legislating those reasons into criminal acts is simply wrong.

*I can’t post the links but all of these figures are available from the 2010 reports on the websites of the CSO, the DRCC and the Gardaí.