Prosecution of False Rape Charges / Suicide

[Lewkowski]

https://www.theguardian.com/commenti...e-reports-rape

"In January 2013, De Freitas, who had had a very brief sexual relationship with a man named Alexander Economou, alleged rape to the police. Economou was arrested, questioned, and then released without charge. Police decided not to proceed with the case, but in August that year Economou, the son of a wealthy shipping magnate, took out a private prosecution against De Freitas for perverting the course of justice. The Crown Prosecution Service (CPS) examined the evidence and concluded it met both the evidential and public interest test set out in its code, and took it over.

Economou had alleged that De Freitas was advertising herself as an escort. Part of the evidence being relied on by the CPS was CCTV footage of her and Economou shopping together for sex toys, the day after the alleged rape. As a defendant in criminal proceedings, De Freitas was publicly named. Four days before the trial was to begin, her mother found her hanged in the family home."




In 2000, a man was awarded £400,000 in damages following a defamation case against a former colleague who had been found, according to a civil standard of proof, to have falsely accused him of rape. The average criminal injuries compensation tariff at that time for rape victims was £7,500. Such cases deter women from coming forward to report rape. The woman in this case had not even been to the police, but had told colleagues.





The tragic outcome of the Eleanor de Freitas case demands a full analysis of why such a vulnerable woman with a serious mental health diagnosis came to face trial, taking her life rather than undergo the ordeal. Her case should have provided a crucial opportunity to explore in detail whether the current guidance is effective.
"

First, private prosecution? Eh? Someone over on the other side of the Atlantic will need to explain.

Second, what the hell does this guy think should have happened? Oh you're bi-polar so you get to make false accusations of rape to your heart's content? This girl nearly DESTROYED an innocent man's life and he's wondering why the CPS took up the case? The hell? I bet if a bi-polar person raped someone you can sure as hell be sure that no one would be excusing the behavior and recommending they don't prosecute. (Wait maybe I should take that back, liberals seem to love criminals and their resent head in the sand approach to sexual assault in Germany by Islamic Refugees might mean they actually don't have a problem with letting rapists off the hook. I'm guessing it only applies if the person being accused of rape is a minority /shrug who can tell with liberals).

The case seems crazy. Is it a tragedy that some crazy person offed themselves? Sure - people who are crazy should get help. But there is absolutely NO problem with false accusers from being held to account for their slander and evil behavior. And being bi-polar is never an excuse to do crime.

[Aimless]

What happened was that she accused him of raping her but police determined that, due to the amount of time that had passed between the alleged rape and the report, there would probably not be enough evidence to secure a conviction and decided not to pursue the matter further. The guy who'd been accused embarked on a campaign of harrassment against both his accuser and her father. He gathered evidence which he believed would show that she had falsely accused him. Some of this evidence may have been pertinent. Much of it was not and amounted to little more than slut-shaming. CPS believed their guidelines, in this case, justified prosecuting her for perverting the course of justice. Importantly, it was determined that she would not be granted anonymity and was going to be publicly named.

What could have been done differently? If we assume that de Freitas had, indeed, falsely accused Economou of rape, and if the evidence provided to the CPS strongly supported the charge of perverting the course of justice, then it was probably right to prosecute her. I'm not sure there was a legal requirement to publicly name her, however. Additionally, the authorities who were involved in the case should have been more responsive to clear signs of deteriorating mental health and a clearly elevated risk of suicide. Her behavior had been bordering on the psychotic after being notified of her impending prosecution. Several healthcare providers had observed that the case was causing her severe stress. In spite of this, she was not offered more intensive and frequent contact with mental health professionals. So that's two things that could have been done differently.

None of us actually know whether or not her accusation was false, although I can certainly believe that it may have been. Since you're so keen on the presumption of innocence perhaps you should remind yourself of what that actually entails.

[Lewkowski]

It seemed likely it was false report. The victim of the false accusation provided quite a bit of evidence. CPS took the case which also means there likely was fire.

Did her family know she was suicidal? If so why didn't they get her help? Surely her family would know a lot more about her emotional/mental health than what amounts to a prosecutor. No DA in America is going to hesitate in bringing charges if someone is likely guilty of a crime because they may be 'stress.' No shit, of course someone is stressed when they are facing a criminal trial!

[RandBlade]

In 2000, a man was awarded £400,000 in damages following a defamation case against a former colleague who had been found, according to a civil standard of proof, to have falsely accused him of rape. The average criminal injuries compensation tariff at that time for rape victims was £7,500. Such cases deter women from coming forward to report rape. The woman in this case had not even been to the police, but had told colleagues.

What weird reporting. Is this to imply that slandering a colleague to other colleagues is somehow acceptable?