Director of public prosecutions issues guidance to help distinguish genuine victims in danger of attack

This article is more than 9 years old

This article is more than 9 years old

Women who retract allegations of rape out of fear of violence should not face criminal charges, according to fresh guidance issued by the director of public prosecutions, Keir Starmer QC.

His announcement is intended to help prosecutors distinguish between those who pervert the course of justice by inventing false claims and genuine victims in danger of attack from vengeful partners or assailants.

A review of the previous Crown Prosecution Service guidance was triggered by public concern over the case of a 28-year-old mother who was given an eight-month prison sentence last autumn for "falsely retracting" a rape allegation against her husband.

The court accepted she had suffered prolonged domestic abuse and had withdrawn the rape accusation under pressure from her husband but nonetheless imposed a custodial sentence.

The woman was later freed by the court of appeal at which the lord chief justice, Lord Judge, said there should be a "broad measure of compassion for women who had already been victimised".

The new advice has been drawn up as the result of public consultation, involving charities and women's groups.

Announcing the details at the Women's Aid Annual National Conference, the DPP said: "Rape and domestic violence victims should be confident in reporting abuse without fear of prosecution if they are later pressured into retracting the allegation, following the publication of new CPS guidance.

"We recognise that complainants sometimes retract a true allegation due to pressure, violence or intimidation. Prosecutors should always explore whether the original allegation was true and any background of domestic violence to which the complainant has been subjected."

The latest guidance applies to cases where a complainant of rape or domestic violence makes a false allegation, retracts an original complaint, or takes back a retraction of the original complaint.

The altered advice to prosecutors says that complainants who do not understand the seriousness of making a false allegation because they have a learning disability or mental health issues should be less likely to be prosecuted.

It asks CPS officials to consider the interests of those under 18 when "weighing up the public interest factors along with the fact that the principal aim of the youth justice system is to prevent offending by children and young people".

Additional "examples of reasons why someone might retract a true allegation" have been provided. It is also suggested that specialist victim groups "may be sources of information" to help prosecutors assess whether there is a background of domestic violence".

Medical evidence, tapes of emergency calls and any CCTV footage should be gathered to help assess whether "the original allegation may have been true".

Conversely prosecutors are advised to consider prosecutions for perverting the course of justice where a complaint was "motivated by malice", "a false complaint was sustained over a period of time" or the complainant has "a history of making demonstrably false complaints".

The DPP has said that all cases where a CPS lawyer is considering prosecuting someone who has made a rape or domestic violence allegation should be referred to CPS headquarters before a prosecution decision is reached.