Protesters took to the streets of Glasgow last week to push back against the “rape clause” in the UK welfare system. After reforms of the welfare system took effect in April, the tax credits a family can receive for having children are now capped at two children–except in the case of mothers who have a third child as a result of rape. However, those mothers have to provide evidence that the child was in fact conceived from rape–a provision decried as inhumane.

Rape survivors have to fill out an eight-page form detailing the attack and a third party (such as a healthcare provider or a social worker) must provide additional testimony. The woman can only receive tax benefits if she is not living with the perpetrator and if she has not received financial compensation following a conviction of the perpetrator. But psychologists across the UK have expressed concern that this rape clause will harm survivors. In a letter to The Guardian, a set of psychologists write that forced reliving of the attack may cause “flashbacks, renewed shame and emotional turmoil, and consequently affect how mothers bond with their children.”

The clause was an amendment to an existing law, so it was not debated or voted on in parliament. First Minister of Scotland Nicola Sturgeon’s SNP has decried the clause and has fought against it. SNP MP Alison Thewliss led the Scrap the Rape Clause campaign, presenting a petition with 10,000 signatures asking for the clause to be struck from the tax reforms. Members of the Scottish Parliament have filed a motion to debate the clause, which could push the UK Parliament to also debate it. The SNP is not alone in its discontent: the rape clause may particularly harm women in Northern Ireland, where reporting serious crimes, including rape, is mandatory. If women apply for a tax credit for a third child conceived through rape, they may be drawn into a criminal investigation against their will.

Scottish Conservative leader Ruth Davidson has argued that the Scottish government could set up new benefits to aid families with more than two children, outside of the UK government’s reforms. Davidson accused Sturgeon of simply writing the rape clause off as part of her list of complaints against the UK government instead of actively considering how Scotland could adapt the tax credit system.

Whether or not the rape clause is upheld, families across the UK will find themselves in a new financial bracket thanks to the tax reforms. Historically there has not been a limit to how many children a parent can claim–so large families that have previously benefited from tax credits may now find themselves slipping out of financial stability. The tax reforms disproportionately affect low-income families and will push them deeper into poverty. The rape clause was established in an odd effort to be “compassionate” but the misguided attempt to soften the blow of the tax reforms has only exacerbated ideological divides both within Scotland and the UK as a whole.

Jillian Sequeira

Jillian Sequeira was a member of the College of William and Mary Class of 2016, with a double major in Government and Italian. When she’s not blogging, she’s photographing graffiti around the world and worshiping at the altar of Elon Musk and all things Tesla. Contact Jillian at Staff@LawStreetMedia.com

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In the wake of Britain’s vote to leave the European Union, Scotland could be headed for a second independence referendum on its continued membership in the United Kingdom as early as next year, according to Scottish leader Nicola Sturgeon. During an impassioned speech Monday at Bute House, Sturgeon’s residence in Edinburgh, the First Minister announced plans for Scotland to chart its own path forward.

“At times like these, it is more important than ever to have a clear plan for the way ahead–to try, as far as is possible, to be in control of events and not just at the mercy of them,” she said.

Last June, while the majority of Britain voted to leave the EU, Scotland did not–62 percent of voters backed remaining in the 28-nation bloc. During its first independence referendum in September 2014, Scotland decisively voted (54.2 percent to 45.7 percent) to remain a part of the United Kingdom, a union that has been in place since 1707.

Sturgeon believes the time is ripe for a second referendum, as Britain’s future is uncertain and Scotland cannot simply tag along for the ride.

“As a result of the Brexit vote we face a future, not just outside the EU, but also outside the world’s biggest single market,” Sturgeon said, adding that her attempts to negotiate a special trading relationship for Scotland and the EU with British Prime Minister Theresa May have also failed.

“Our efforts at compromise have instead been met with a brick wall of intransigence,” she said.

Shortly after Sturgeon delivered her speech, May responded in an interview with the BBC, in which she said that a referendum would set Scotland “on a course for more uncertainty and division.”

“Instead of playing politics with the future of our country,” May said, “the Scottish government should focus on delivering good government and public services for the people of Scotland. Politics is not a game.”

The British Parliament would have to grant Scotland permission to hold an independence referendum–known as a Section 30 order. Sturgeon said she would seek the order next week. If the British Parliament agrees to the request, the Scottish Parliament would need to do the same before a vote date is set.

With the prospect of a “hard Brexit“–a clean break from the EU that would have Britain completely abandon the single-market of the EU–looming, Sturgeon believes Scotland cannot just hope for the best. It must act.

“By taking the steps I have set out today, I am ensuring that Scotland’s future will be decided not just by me, the Scottish Government or the SNP,” Sturgeon said using the initials for her Scottish National Party. “It will be decided by the people of Scotland.”

Alec Siegel

Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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