Mercy for domestic abuse victims who lie about rape

Women who make false allegations of rape after suffering domestic violence by their partners could escape prosecution under new guidelines published today.

Others who have suffered prolonged intimidation and abuse, or were pressured into retracting their claim by their alleged attacker, will also be less likely to be charged.

Young or immature women who make false accusations without realising the seriousness of their actions are similarly unlikely to be prosecuted, along with those whose claims do not lead to a man being detained or charged.

The reforms, announced today by the Director of Public Prosecutions, Keir Starmer QC, follow a ruling by Court of Appeal judges last year over the case of a 28-year-old woman who had earlier been jailed at Mold crown court for perverting the course of justice.

In a landmark ruling, the Lord Chief Justice Lord Judge and two other senior members of the judiciary freed the woman after accepting she was the victim of sustained domestic abuse and was pressured by her husband into withdrawing her rape allegation.

Lord Judge said such cases should in future only be prosecuted in "very exceptional" circumstances.

Today's new guidance - subject to a 12-week public consultation - emphasises that women who lie about rape out of malice are still likely to face court action to protect innocent men.

Mr Starmer said the guidelines were targeted at "very difficult cases which need to be handled sensitively".

He added: "They aim to protect individuals who retract a truthful allegation as a result of pressure or fear of violence, while taking a firm approach to those who make a malicious allegation against an innocent person."

Victim Support's chief executive Javed Khan welcomed the proposals, saying: "Rape and domestic violence are seriously under-reported crimes where victims can sometimes be intimidated into retracting true allegations."