The director of public prosecutions wants greater consistency in the way rapes are prosecuted New guidance for prosecutors says they should treat “very carefully” cases of people retracting rape allegations.
Last month a woman was jailed for falsely retracting rape claims, but freed after the appeal court heard she suffered violent abuse by her husband.
Director of Public Prosecutions Keir Starmer said such a retraction must be examined, including whether the person was “under pressure or frightened”.
Any resulting prosecution in England and Wales will now need DPP approval.
Mr Starmer announced the launch of a consultation exercise in the new year involving charities and special interest groups on the factors to consider before bringing a prosecution for perverting the course of justice.
He said: “While we must be robust in prosecuting those who seek to pervert the course of justice, cases where someone has reported a rape but then retracts the allegation must be treated very carefully and we must explore the issues behind the retraction, particularly if the victim is under pressure or frightened.”
A 28-year-old Powys woman was jailed for eight months in November for falsely retracting claims she had been raped six times by her husband.
She was later freed and given a community sentence by the Court of Appeal, which heard she had been subjected to violent abuse and was “emotional” and “confused”.
The new guidance also covers people investigated for falsely claiming they have been raped or suffered other violence.
The DPP is also emphasising adherence by prosecutors to the “so-called ‘merits-based’ approach to rape cases”.
The Crown Prosecution Service (CPS) gives examples of myths and stereotypes surrounding rape cases, including: if a woman has no physical injuries then she must have consented; a delay in reporting a rape suggests the allegation is false, because a genuine victim would report the crime immediately.
The CPS says such assumptions “have bedevilled… rape cases”.
Prosecutors are advised to ignore the possibility of jurors making these assumptions when deciding whether there is sufficient evidence to bring a rape prosecution.
“Cases should be judged entirely on the merits of the evidence: myths and stereotypes have no place in a criminal justice system underpinned by basic human rights,” Mr Starmer said.
“Rape victims deserve justice and I am determined that we will deliver it.”
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