Man appeals to sue his rape accuser

[RFLH]

Man appeals to sue his rape accuser

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By Robert Verkaik, Home Affairs Editor

Thursday, 16 July 2009

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  Women who cry rape face being sued for hundreds of thousands of pounds in damages if the prosecution fails to secure a conviction in court, it was claimed during a landmark legal challenge yesterday.

Anthony Hunt, 69, a former magistate from Dorset, was jailed for rape for four years in 2003 but had his conviction quashed on appeal in 2005. Yesterday he asked the Court of Appeal to allow him to sue his accuser, identified as AB, for damages of £300,000 for what he said amounted to his malicious prosecution. The case could open the floodgates for compensation claims from hundreds of men who have been cleared of rape.
Lawyers and women's rights groups said that, if successful, the action could set back the prosecution of rape by decades. Mr Hunt has argued that the woman became the prosecutor by giving a witness statement to police in 2002 and by agreeing to give evidence against him, although the charge was brought by the Crown Prosecution Service (CPS).
Anna Mills, a lawyer at law firm Lovells, who acts for AB on a pro bono basis, said: "The case is unusual because Mr Hunt brought his initial claim against the complainant rather than the prosecuting authorities. This means that our client... is personally having to defend his claim for £300,000 in damages."
Ms Mills added: "Casting AB as the 'prosecutor' in a rape case brought by the proper authorities is oppressive... If the appeal succeeds, it will have serious public policy implications and allow rape complainants... to be sued by their alleged attackers."

http://www.independent.co.uk/news/uk/home-news/man-appeals-to-sue-his-rape-accuser-1748272.html

[Rights Fighter]

This would have the effect on genuine victims making them even more unwilling to come forward as if there is a chance that their real assailant will be found not guilty then they would worry that they risk being sued.

[isi]

It would definately be of concern to a rape victim - as if victims dont have enough to worry about after being raped, without the added worry of possibly being sued. Why is it that women are still blamed by society for being raped?

On the other hand it could potentially dwindle out those who falsley accuse as is seen before in articles that some women end up admitting making a false alegation - maybe suing them may show some results.

I just think that if someone is found not guilty it does not give them the automatic right to sue their accuser as many rapists walk free due to not enough evidence or whatever else secures their freedom...!

[frankgallagherwasere]

This is only part of the long history of this case and its a massive inside job full of judicial collusion that highlights some cases are simply a massive con.

Lawyers and women's rights groups said that, if successful, the action could set back the prosecution of rape by decades

Do they mean all lawyers or only those paid for by the Crown, pity it wasnt the Law Society themselves or the Home Office who said this as then one could use it as part of their defence to claim an unfair trial on the grounds of their Human Rights. Maybe someone should ask them both for a statement !!

This case has nothing to do with normal rape cases where there is proof and evidence its only about hearsay and slander. This women had only one intention and that was to destroy him like so many others, and it HAS TO BE STOPPED. Hearsay is not enough, its too easily abused by accusers and the system as we all know all too well and to our cost.

[Saffron]

Hang on!

There are plenty of *genuine* rapists who do walk free because they were found Not Guilty, in exactly the same way as there are plenty of innocent people in jail.

Being found Not Guilty does not always mean that no crime occured, it just means that there was not enough proof - the jury were not *sure*.

These cases are incredibly difficult. There are some people who have had their conviciton quashed on a technicality. There are some whose conviction has been quashed because the accuser has been proven to be a fantasist/compulsive liar/attention seeker. (I am thinking of Warren Blackwell here).
If it is the former (a technicality) then it is no reflection on the complainant as a witness, but a reflection on the legal system for having allowed a mistake to be made. If it is the latter, then it is very much a reflection on the complainant, and some sort of action should be taken. Whether he should be allowed to sue her, I am not sure.

My personal opinion is that allowing this man to sue his accuser is a very dangerous precedent to set. After all, it was not her who made the decision to prosecute, it was the CPS. He should be suing the CPS, not an individual.

Had his accuser been tried and convicted of perverting the course of justive, then yes, I would say he should pursue his claim. But she has not.

If he wants to sue anyone, he should be suing the CPS/The Crown/The System for getting it wrong in the first place. Perhaps if the case had been investigated properly, he would never have been prosecuted?


That's my two-pennorth.

[Rights Fighter]

Saffron he's the missed the point entirely. It's not worth arguing with him. Just let him rant on and ignore what he says.

[frankgallagherwasere]

This is just a shortened extract from a much longer story and there is significant evidence of system failues and collusion. Anyone only gets off on a technicality if something was wrong or someone did something wrong, we all know the system is not fit for purpose so it creates the situation for this to happen. But similarly these same technicalities in reverse could be a cheat that catches an innocent person.

Im only on this forum as somone accused based on a pack of lies collusion and a system hell bent on results. From my position therefore I take exception to its bullying and cheating tactics and its about time people fought back against all of them involved. If they dont have the evidence dont charge and they have to stop the fabricating and manipulation of evidence - and its about time they all went on a training course on their departments procedures and started to adopt and follow them.

The system easily enough finds innocent people guilty by using collusion with defence and a friendly judge, just cos someone gets a good defence and wins on a technicality is clear evidence that its the systems at fault not the accused. He has every right to do what he is doing, the system has NO RIGHTS to charge and convict innocent people and manipulate evidence when it knows damn they were innocent from the start.

This thread is for false accused not victims of rape and therefore Im not defending the system and its failures but attacking it. The laws are an ass as are many responsible for their implementation and its about time accused were similarly rewarded for damages incurred.

This has absolutely nothing to do with victims only people who accuse and a system thats bent, if they dont have a case dont prosecute and or get the laws changed so mistakes dont happen - better still just get the respective parties to do their bleeding jobs properly !!

[frankgallagherwasere]

Thats only cos you haven't read the case properly !!

This is his xwife who got a friend to accuse him of rape and she gave the supportive evidence. It happened after their divorce cos she wanted everything not half and she especially wanted the house cos he had kept it. He ended up losing everything so why shouldnt he try and get something back, no one took a penny off her !! He is 69 after all and lost a lot of his pension and retirement not to mention all the time inside and trauma.

This media report is inaccurate and it has nothing to do with suing an accuser its suing his xwife for his share of his divorce which should have been £300,000, actually its more than this but it doesnt really matter.

If only the media were accurate with their acticles !! And if only people would stop supporting false accusers - they get what they deserve !! She was simply another evil bixxx who used a rape accusation as revenge on an innocent person, this is a long story and gets VERY dirty as its still ongoing. He will be suing others but there still under investigation pending criminal charges.

Now doesn't that sound more plausable?

[Rights Fighter]

I think some of us were discussing the devastating effect that this, if it happens, will have on genuine victims who will then in turn not want to bring their assailant to justice. The elements of the story were not in question.

[frankgallagherwasere]

Yes and I was just correcting the inaccurate reporting of the media, the system would never allow any old accused to sue their accuser, and I would endorse that. However, if a case was won on a lie and poor investigation that could have established the truth then I would support the accuser, maybe if the Judges used perverting the course of justice properly - there would be a clear line drawn.

The law states no lies, so when one lies they should be punishes accordingly, not just a pat on the back and allowed to continue their game of charades. This is especially applicable to the slander not say the accusation and the law should deliver justice and the Crown not its barrage of lies exaggerations and character assassinations, these are not divorce trials where one is trying to justify their breakup - and thats what they have turned into !!

The system has created these problems by abusing its own laws and therefore should correct itself and properly and accurately follow its own procedures and guidelines - by making the Crown prosecution clean up its act of delivery and keep to the facts and not fiction or unsubstantiated claims against the accused - especially those with no relevance to the charges.

[isi]

Hmmmm.... I never once thought that this thread was simply for the FA to reply to as there have been no 'safe' forums for either FA or victims so either are able to reply in either forum.

I think that the point that was being made has got very lost.

Yes by all means the man should be able to regain some money from his x wife but she is not the accuser as fg pointed out so what the muckery has that got to do with anything?.

If the woman has admitted to fasley accusing then yes sue. If there is no evidence that she FA then he cant sue. And if he did rape her then he definately should not sue.

And just to repeat again - if he successfully sues with no evidence that she lied and the fact he has done a sentence then that would put rape victims mostly of whom are women in a very uneasy place. It could mean that women are silenced, their word means nothing and that men are making the rules to suit them bloody selfs.

FG I resent your attitude.. In many of your posts you show no respect to women. I dont think you do it intentionally and that makes me feel sorry for you. I just think these values are instilled in you and the more you look into the lies and deceitfullness of the government the more bitter and twisted you will become. You are on a mission of your own with your 1 man army. Even if this post gets me kicked off the forum I dont really care because the more of your posts I read the more you are P******* me right off. I dont understand you and I dont agree with you not one bit. I know that I am not the only one here that thinks this so maybe that is saying something to you.... and the fact that you got kicked off a private forum well that speaks volumes. I cringe everytime I read one of your replies. You show no human compassion for the person you are replying to. You are out simply for yourself. RF seems to have dealt with many who are FA so maybe it would be worth reading and acknowledging what she is saying in her replies even though it looks like she has resigned from your deluded rants that make no sense and are irrelevent to current topic.

Sorry anyone who reads this and gets annoyed apart from fg but I had to get it off my head........

[Rights Fighter]

[frankgallagherwasere]

Thats what happens when people delete posts others can use the sitaution for their own benefit. This is a FA thread and there was a post of mine deleted, why do I know cos I posted it and have a copy - obviously I could post it again but it only probably get deleted AGAIN.

I support you ISI and made it perfectly clear it should only be when someone has specifically lied - if the Judicial/judge did their jobs properly and CPS screened cases these ones wouldnt goto trial most of the time, there at fault as much as the accusers are for abusing the system to suit themselves. After all these accusers broke the law by perverting the course of justice and knowingly attempting to defraud.

This post has been manupulated to the extent that its lost its purpose and objective leaving others to abuse it.

I have no time for liars they should rott in hell or better still in Prison after all thats where their accused would if the system let them win - which it too often does.

This would not effect any real victim, if they have not lied then why should or would they have anything to fear?

[frankgallagherwasere]

ISI never fear to express you opinions and I don't take exception to anything you said, after all what did you say that was wrong? Im not a one man army, Im only trying to protect the innocent against the criminals out there, after all its not only the accused who suffer its their whole family, and the damage done is such that it effects them for the rest of their lives.

So to ISI I send

[Saffron]

Well said Isi!
This post is NOT just for FA, it is a debate post, and no-one should be shot down in flames!
I support that ONLY those who have been found GUILTY of making a false accusation should be eligible for a private prosecution to be brought against them. Anything otherwise is chaos!