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Ammi · 03-08-2021, 06:24 AM

…a landmark case…

A man has been convicted of raping a 13-year-old girl 46 years ago, after the daughter conceived during the attack pursued charges against him.

Carvel Bennett, 74, was convicted by a jury at Birmingham crown court. Members of the jury deliberated for just over two hours before finding him guilty.

In what is thought to be the first case of its kind, Bennett was tracked down by Daisy, now 45, who was conceived through the rape. DNA tests on Daisy and her birth parents confirmed that Bennett was her biological father.

The jury heard evidence from Daisy’s birth mother, now 59, that she had been told by her mother that she was required to babysit Bennett’s children. Soon after arriving there, one of the children told her she was wanted upstairs by Bennett. She said she was surprised to find him at home, because she had been asked to babysit.

Birmingham crown court
Daughter of 13-year-old mother raped in 1970s wins justice at last
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When she entered the bedroom, the door was shut behind her. She said that Bennett told her he was not going to hurt her, then raped her and told her not to tell anyone about what he had done.

“He told me to keep quiet. I kept quiet. I just let him do what he wanted to do. I let him use me. I was in shock. I was a scared child. I didn’t fight Mr Bennett. I was a 13-year-old child,” she said.

While Bennett told the court he regretted what had happened, he denied raping her. He said that she had made sexual overtures to him and that she had told him she was 16. She strongly denied both claims.

Bennett said in his evidence: “I didn’t know she was 13. It wasn’t a deliberate, contemplated act. I don’t feel I have to apologise to her. I don’t think I have done anything to her. I don’t remember her as a scared child.”

The survivor told the court that the reason she had initially declined to give a statement to police about the rape was because she didn’t want to relive the trauma. “I had suffered and I wanted to get on with my life,” she said

Bennett was remanded in custody and is due to be sentenced on Tuesday.

Daisy said she was overwhelmed after the jury returned a guilty verdict. She told the Guardian: “It’s been a 46-year wait for justice. I’m happy and overwhelmed, but this should never have taken so long. Now my work begins to get the law changed to get recognition for people like me conceived in rape.”

https://www.theguardian.com/uk-news/...ursues-charges

Niamh. · 03-08-2021, 10:15 AM

And still won't even so much as say sorry. Pig. Disgusting how he's been able to just live his life like he did nothing wrong. What a wonderful woman the daughter grew up to be as well

Cherie · 03-08-2021, 10:21 AM

so he lured her there to rape her

Justice even if it has been a long time coming

Toy Soldier · 03-08-2021, 10:23 AM

Quote:

Originally Posted by Niamh.

And still won't even so much as say sorry. Pig. Disgusting how he's been able to just live his life like he did nothing wrong. What a wonderful woman the daughter grew up to be as well

"I thought she was older" isn't even considered a valid legal defense, I dunno why people keep using it. Other than that, sadly, there are probably plenty of judges who factor it into sentencing.

Ammi · 03-08-2021, 10:29 AM

The survivor told the court that the reason she had initially declined to give a statement to police about the rape was because she didn’t want to relive the trauma. “I had suffered and I wanted to get on with my life,” she said

…sadly, 46yrs later…and this is still how some victims are feeling and not reporting…

Cherie · 03-08-2021, 10:54 AM

Quote:

Originally Posted by Toy Soldier

"I thought she was older" isn't even considered a valid legal defense, I dunno why people keep using it. Other than that, sadly, there are probably plenty of judges who factor it into sentencing.

it appears he thought it was okay to rape her if she was legal, which is even worse if anything

Toy Soldier · 03-08-2021, 11:11 AM

Quote:

Originally Posted by Ammi

The survivor told the court that the reason she had initially declined to give a statement to police about the rape was because she didn’t want to relive the trauma. “I had suffered and I wanted to get on with my life,” she said

…sadly, 46yrs later…and this is still how some victims are feeling and not reporting…

The conviction rate is so low, and some people so keen to accuse victims of having made it all up if a conviction isn't secured, that it's really not surprising that women choose not to go down that path at all. Really the latter is a huge issue when it comes to confidence to report. I think a lot of people could handle the idea that they might not be able to prove guilt... but with the accusations from certain people that come on top of that? The people insisting "accusers should be prosecuted"? Makes it near-impossible unless the case is absolutely solid.

bitontheslide · 03-08-2021, 11:23 AM

i think the honest truth is that if rape offences were to be treated "sensibly" the conviction rate would literally go through the roof. So it's either that the justice system doesn't want to go there or it's being willfully suppressed or both

thesheriff443 · 03-08-2021, 11:30 AM

This is the daughter of the mother who got raped
What the hell was the mother of the girl doing when her daughter became pregnant at 13

Was the girl already sexually active? Because any good parent would want answers

Niamh. · 03-08-2021, 11:32 AM

Quote:

Originally Posted by thesheriff443

This is the daughter of the mother who got raped
What the hell was the mother of the girl doing when her daughter became pregnant at 13

Was the girl already sexually active? Because any good parent would want answers

I think you mean "parents"

thesheriff443 · 03-08-2021, 11:45 AM

Quote:

Originally Posted by Niamh.

I think you mean "parents"

Yes niamh I made that far to complicated was the father around at the time?

Niamh. · 03-08-2021, 11:47 AM

Quote:

Originally Posted by thesheriff443

Yes niamh I made that far to complicated was the father around at the time?

It doesn't mention either of her parents in the article

thesheriff443 · 03-08-2021, 11:48 AM

Quote:

Originally Posted by Niamh.

It doesn't mention either of her parents in the article

There was a bit from the court were her mother tells the girl she has to go there to baby sit.

Niamh. · 03-08-2021, 11:51 AM

Quote:

Originally Posted by thesheriff443

There was a bit from the court were her mother tells the girl she has to go there to baby sit.

Oh yes there is. Anyway lets not deflect here, the rapist is the criminal here. Not sure how it's become her mothers fault

Cherie · 03-08-2021, 11:59 AM

It wouldn't have been uncommon for 13 year olds to babysit back in the day, even now if they have level of maturity

Ammi · 03-08-2021, 12:01 PM

Judge Martin Hurst sentences Bennett to 11 years.

He tells him new guidelines mean he will serve two thirds of the term in custody before being released on licence.

Bennett will also have to sign the sex offenders for life.

Judge Hurst does not impose a sexual harm prevention order (SHPO) due to the fact he has not offended since the incident in 1975 as well as how old he will be if he is ever released from prison.

Ammi · 03-08-2021, 12:02 PM

Bennett had 'clean criminal record'

Judge Martin Hurst says: "Children of 13 were probably not called as witnesses then.

"I think a child of 13/14 probably would have been competent. It would have been before my time. I expect it would have been unusual even then."

In mitigation Tom Walkling states Bennett has an otherwise clean criminal record and has a number of health issues, likely down to his industrial employment.

Ammi · 03-08-2021, 12:03 PM

In 1970s it was felt 'a conviction was unlikely'

The hearing moves on to legal arguments.

Mr Glenser elaborates on the involvement of authorities in 1975, confirming that DNA evidence did not exist back then.

He says: "I have read the social services file.

"The view, I will choose my words carefully, the view was taken in the absence of DNA, given her particular background, it was decided that a conviction was unlikely."

Mr Glenser confirms 'there was some police involvement' in the 1970s.

Niamh. · 03-08-2021, 12:05 PM

Quote:

Originally Posted by Ammi

In 1970s it was felt 'a conviction was unlikely'

The hearing moves on to legal arguments.

Mr Glenser elaborates on the involvement of authorities in 1975, confirming that DNA evidence did not exist back then.

He says: "I have read the social services file.

"The view, I will choose my words carefully, the view was taken in the absence of DNA, given her particular background, it was decided that a conviction was unlikely."

Mr Glenser confirms 'there was some police involvement' in the 1970s.

Oh so it was reported but they just didn't believe her? can't say I'm shocked by that news........

Ammi · 03-08-2021, 12:05 PM

…not only was she raped as a child and ‘there was some police involvement’ but it wasn’t something that it was deemed to continue with to him being made accountable…?…but it resulted in pregnancy and she wasn’t able to keep her child either…

https://www.birminghammail.co.uk/new...arvel-21210791

Marsh. · 03-08-2021, 12:15 PM

Quote:

Originally Posted by Niamh.

I think you mean "parents"

Quote:

Originally Posted by Niamh.

Oh yes there is. Anyway lets not deflect here, the rapist is the criminal here. Not sure how it's become her mothers fault

Ammi · 03-08-2021, 12:22 PM

Judge Hurst does not impose a sexual harm prevention order (SHPO) due to the fact he has not offended since the incident in 1975 as well as how old he will be if he is ever released from prison.

…I thought the very least along with the prison sentence, he would have been listed as a sexual offender for raping a child…but not being added is kind of his bonus for avoiding any answerability for over 40yrs…

Niamh. · 03-08-2021, 12:24 PM

Quote:

Originally Posted by Ammi

Judge Hurst does not impose a sexual harm prevention order (SHPO) due to the fact he has not offended since the incident in 1975 as well as how old he will be if he is ever released from prison.

…I thought the very least along with the prison sentence, he would have been listed as a sexual offender for raping a child…but not being added is kind of his bonus for avoiding any answerability for over 40yrs…

Honestly find it hard to believe that he didn't re offend tbh