Saturday 8 November 2014

Men! Been Accused Of Rape? Believe The Accusation Is False?

Well, just shut up and take it, you penis-owning bastards
A young woman who said she had been raped went on to kill herself after the Crown Prosecution Service put her on trial for making up the allegation in a case originally instigated by her alleged attacker.
The woman’s father is calling on the CPS to explain why they pursued a charge of perverting the course of justice against Eleanor de Freitas, 23, despite being told by police that there was no evidence she had lied, and in the knowledge that she was suffering from a psychiatric illness.
It is indeed a curious case, as the CPS is notoriously reluctant to take such action.

And I can understand the father’s grief about her suicide, and even understand why he takes her side in this (what father would do otherwise?), but he’s wrong, very wrong indeed, to demand that men should be stripped of their right to defend their name in court:
David de Freitas, her father, said: “Eleanor was a vulnerable young woman, diagnosed with bipolar, who made a complaint of rape as a result of which she herself became the subject of legal proceedings. This was despite the fact the police did not believe there to be a case against her.
“There are very serious implications for the reporting of rape cases if victims fear that they may themselves end up the subject of a prosecution if their evidence is in any way inconsistent. It is of the utmost importance that the CPS consider very carefully whether such cases are in the public interest.”
The CPS appear to have overtaken the original private prosecution (and remember, that would have a far lower balance of probabilities than a criminal case) so is he suggesting that this too should not have been allowed to proceed?
He added: “I feel that the system of fairness in this country has let me down terribly, and something needs to be done so that this can never happen again.”
I’ve no doubt he does feel that way, perhaps rightly, perhaps wrongly, but maybe the accused also feels that he has been wronged - by the accusation.

Should he be denied the opportunity to challenge this slur on his name in court, as he would be allowed to do had she accused him of any other slander, such as cheating at cards? Where’s the ‘fairness’ in that?

Of course, the usual suspects have mounted their High Horses Of Righteousness and are in full gallop:
Adam Pemberton, assistant chief executive of the charity Victim Support, said the “tragic and troubling case” raised broader concerns about the use of private prosecutions against rape complainants.
“We are concerned in principle about someone who has been accused of rape being able to bring a private prosecution against the complainant because this allows that individual to use the law to do something guaranteed to intimidate their accuser,” he said.
You may indeed look at it like that. It’s a bit worrying that you do, though.

Because perhaps you’d like to consider the dictionary definition of ‘victim support’ and whether someone falsely accused might also fit that definition, and so be deserving of support and the backing of the legal system to redress that wrong.

Whether they have ovaries or testicles. It shouldn’t matter.

Update: Heresy Corner advises that the private prosecution would NOT have been to a lower balance of probabilities than the criminal case.

9 comments:

Furor Teutonicus said...

XX despite being told by police that there was no evidence she had lied,XX

If there is no evidence she lied, then the alleged rapist would be in prison, worrying about a piece of dropped soap.

The fact that he was found not guilty, OR, no charges were made, is surely evidence enough that the bitch is a liar?

Luckily, making false charges is an offence here, and you can get between 3 and 5 years locked up for it.

Blue Burmese said...

The alleged attacker has been named in the Mail - http://www.dailymail.co.uk/news/article-2826061/Wealthy-financier-offers-sympathy-family-woman-said-rapist.html

This bit is interesting:

Despite being told he would not face charges, Mr Economou paid for his own inquiry in an attempt to show he was innocent.
As part of the effort to clear his name, he assembled emails, text messages, details of phone calls and CCTV footage of him and Miss de Freitas together.
He then started a private prosecution against Miss de Freitas for perverting the course of justice by allegedly lying to police. The whole process is said to have cost him £200,000.


If he had actually raped her and got away with it through the charges being dropped, there's absolutely no logic in spending huge sums of money in mounting a court case against her. The sensible course of action would be to keep your head down after something like that.

There's also this:

The Crown Prosecution Service took over the case but decided against using its powers to throw it out, leaving her frightened and devastated.

They took over the case because the girl's family asked them to in the hope they would drop it. Unless a big mistake was made by the CPS, this means that there would have been a case with a reasonable prospect of a conviction.

Overall, no winners here. A girl is dead and some will consider the man guilty regardless.

Anonymous said...

The girl is (was) extremely attractive so public sympathy is with her family.In my experience getting the CPS to act is like walking through treacle so they must have been sure she was lying.Let's not forget the man might have been wrongly convicted which would have devastated his life.
A difficult situation.
Jaded

Sgt Albert Hall said...

I think that the CPS can take over a private criminal prosecution in order to discontinue it thus thwarting the original prosecutor's intentions. They have to take it over first. Maybe they were a bit slow in exercising their powers.

MTG said...

@ WC Jaded "A difficult situation."

An equally difficult situation may await any liar(s) surviving Ms de Freitas.

JuliaM said...

"The fact that he was found not guilty, OR, no charges were made, is surely evidence enough that the bitch is a liar?"

Not really. In Scotland, it might have been a verdict of 'not proven', for instance.

"If he had actually raped her and got away with it through the charges being dropped, there's absolutely no logic in spending huge sums of money in mounting a court case against her."

You're expecting logical thinking from people driven entirely by emotion and/or political calculation...

"In my experience getting the CPS to act is like walking through treacle..."

That's what I suspected.

"I think that the CPS can take over a private criminal prosecution in order to discontinue it..."

That's indeed what the family's lawyers demanded. That went well, didn't it?


Anonymous said...

Here's an interesting recording of a police phone call talking about Eleanor De Freitas police report.

http://youtu.be/8W-wzrnVVtU

Anonymous said...

Official CCTV in case of Eleanor de Freitas shows her in Sex Shop

http://www.liveleak.com/view?i=aa9_1418679832

Anonymous said...

Here is the official CCTV evidence in the Eleanor de Freitas case.