Prison 'inevitable' for false rape claims

[RFLH]

Prison is "inevitable" for women who falsely cry rape because it "drives a nail" in to the rape conviction rate, senior judges have warned.


The Court of Appeal said false allegations damage conviction rates of genuine rapes and are "terrifying" for innocent victims.

The judges spoke out as they dismissed an appeal by a former nurse who was jailed for two years after falsely accusing a man she met online.

Jennifer Day, 35, made the claim against Andrew Saxby, who she met through a dating website, following a row in a case that cost £4,000 of taxpayers' money and 270 police man hours.

She was jailed at Basildon Crown Court in July this year after being convicted of perverting the course of justice by making a false complaint of rape.

Dismissing her appeal against sentence, Mr Justice Henriques, sitting in London with Mrs Justice Rafferty, said: "False complaints of rape necessarily impact upon the minds of jurors trying rape cases.

"Every time a defendant stands trial for rape, defence counsel necessarily point out to the jury that false allegations are made.

"Allegations such as this drive yet another nail into the conviction rate."
He said the two-year sentence was "well-measured" and warned: "An immediate custodial sentence is inevitable when a false allegation of rape is made."

It was an offence which "attacks the criminal justice system". Scarce police resources were also diverted and innocent victims faced a "terrifying allegation", he said.

Mr Justice Henriques read out the words of the Lord Chief Justice, Lord Judge, made in a previous ruling relating to a false rape claim.

Lord Judge, pointing out that such an allegation involved more than the individual victim, said: "Every false allegation of rape increases the plight of those women who have been victims of this dreadful crime.

"It makes the offence harder to prove and, rightly concerned to avoid the conviction of an innocent man, a jury may find itself unable to be sufficiently sure to return a guilty verdict."

He said it was an offence which not only causes great problems for the victim, but also damages the administration of justice in general in "this extremely sensitive area".

Day, from Corringham, Essex, made the accusation after an argument with Brentwood man, Mr Saxby.

The pair had met through an internet dating site and had enjoyed a short relationship before she made the allegation in the early hours of January 8 of last year.

She said Mr Saxby had come to her home and raped her, but when arrested he told police that, although he had banged on her door, they had argued outside and he had left.

A neighbour confirmed his versions of events and, when challenged, Day admitted that she had not told the truth.

In the original trial, the court heard how Mr Saxby was subjected to "degrading and upsetting" examinations while being held by police for ten hours following the rape claim.

Chris Huhne, the Liberal Democrat home affairs spokesman, said: "False allegations of rape are an insult to the victims of this horrendous crime and contribute to the disgracefully low conviction rates.

“Those who make false allegations maliciously should expect to be dealt with in the strongest possible manner.”

However Lisa Longstaff, of Women Against Rape, said the sentence was "outrageous" and warned the judges comments risked putting women off reporting rapes.

http://www.telegraph.co.uk/news/news...pe-claims.html

[Rights Fighter]

Eh? What about those who have been given suspended sentences or probation/community programmes? Even when they are sentenced to a prison term it's usually only a few months they end up serving.

It's not much of a deterrent is it?

[RFLH]

It's a start - perhaps they'll increase it once a few more have been accused.

[mouse]

Prison..remand is normally inevitable if you are accused of sex offence

Prison is also inevitable for anyone accused of rape or sex crime as police will do all they can to ensure bail is denied.
There are a number of reasons for this.
1. It makes their job easier as you will find it very difficult to conduct or build your defence whilst in prison.

2. If you are lucky you may see your solicitor half dozen times before you go to Trial.

3. Make sure you give him your witnesses in person, or police will get to them before your brief.

4. In spite of rules of privacy for legal mail this is often ignored/broken with police and certain prison officers having their own agenda where sex offenders are concerned.

5. Cell confessions .....its amazing what some junkies on VP wings will do for a corrupt police officer if it feeds their habit or helps their own position.

6. Police should investigate fairly and without bias , what actually happens is that police are under pressure to bring convictions and their efforts will be in that direction

7. You will be remanded in custody not to prevent you re offending but to provide police with an unfair advantage and hinder your compiling your defence.

8. You are entitled to the use of a PC to use to present your defence in prison, insist on this, it was fought for and won by a prisoner, who is now suffering at the hands of the authorities.

9. The only person you can trust in prison is yourself and personal contact with your legal team.

[LS]

"An immediate custodial sentence is inevitable when a false allegation of rape is made." Anne Rafferty

That is laughable. I think she meant "in the rare event that the investigating officer decides that the accused may actually be innocent, and that therefore effort should be put into bolstering evidence of said innocence, instead of going hell-for-leather to find a way to hammer another nail into the word Justice by way of yet another wrong conviction."


On a personal note, I'm glad she is now on the other side of the courtroom - she can't do much harm there.