Compensation/benefits as motive for false allegation

[fighter]

If the motives for falsely accusation of rape is compensation, how do you prove this and what kind of evidences are acceptable?

It was "hinted" by the police and duty solicitor that the motivation for this historic allegation of rape is benefits, more particularly to be able to continue receiving incapacity benefits as there was pressure to go back to work. My partner was told the social worker advised the accuser. Do we ignore it? or we pursue this as something to work for us.

Any advise, comments highly appreciated... until now this goes back to us but the solicitor ignored this when my partner told him that. I guess because it is hard to prove.

[Rights Fighter]

If you feel that this is part of the motive the barrister can request this info from the CICA. Usually they will do this via the CPS first. Sometimes they will assist and sometimes they will not. Hopefully you have a strong sol and barrister who will leave no stone unturned.

[fighter]

Thanks RF, that is a good advise! Our solicitor and barrister will hopefully listen to us. We are preparing documents to show the solicitor that accuser can claim for benefits he was not sure of that when we talked to him the first time.

[Rights Fighter]

The accuser can claim for benefits? What does this have to do with "compensation" claims? If you think the accuser is fraudulently claiming benefits that is helpful evidence if you can prove it.

In the same way if the accusers has made fraudulent insurance claims in the past......

[fighter]

The accuser was on benefits and being pressured to get work and has been on work placements recently. Due to the reassessment of the benefits system (?); there was a possibility that the accuser's incapacity benefits could be stopped and hence the social worker "advise" her one way to continue receiving benefits is to claim she has been raped. I dont know if this is how it works, but that is what my partner has been told.

We found that the girl despite on inc. benefits are doing activities she shouldnt. Will talk to the solicitor about this.

[Rights Fighter]

You would need to prove that the SW told her about compensation in relation to her losing her benefits.

It's often in the media where victims (and liars purporting to be victims) claim £K's so she could have found that out herself....

[fighter]

yeah it is hard to prove that of course! no social worker would admit to that; nor would the duty solicitor and police admit they hinted at it. Definitely, she could have gotten the idea from somebody else (friends); we know one of her friends "got rape" and suspect it was a similar case; as the family were quiet about it; for a genuinely raped victim the raped girl has no fear of men, to walk in the dark alone and the family seems to be quite okay with it. No anger at all. Fishy! :-) unless they are resilient to this crisis!

[friday]

Who told your partner that the social worker said that? Are they a trustworthy source? While I am not saying that the social worker didn't say these things I find it very hard to believe that they would suggest making up an allegation of rape to continue getting incapacity benefit. You don't get incapacity benefit for being a victim of a crime but for an illness caused by the crime (ptsd, depression etc). If the social worker did suggest it then there would be no need for any report to the police, only confirmation that she was suffering from an illness resulting from a crime from a doctor, psychologist etc.

The compensation could easily be a motivation if she was at risk of losing her benefits.

What kind of activities is she doing because there are some forms of permitted work with incapacity benefit and it would depend why she was claiming it (e.g. if it is for a mental health condition then evidence she goes running means nothing but if it was for a physical condition it may suggest there is benefit fraud)?

[Rights Fighter]

Excellent response Friday

[fighter]

Yes Friday, good points. It was the duty solicitor and police who said those things about the social worker. It doesn't make sense but it was said. I think the accuser has mental problems; I will think about it. I dont know much about incapacity benefits and what should not be allowed. But thanks so much for asking those questions. Id rather answer them first before going to the solicitor with it :-)

[Rights Fighter]

If she has documented mental health problems defence should be requesting that the Crown obtains all medical/psychiatric/counselling records.

[fighter]

yes, RF, the solicitor has requested for her medical records. Her mental problem is not that severe. Thanks!

[Rights Fighter]

If it had been severe we might have had something.

One trial I was involved in was dropped in November because the accuser's allegations became more and more bizarre and the CPS decided that she was not capable of giving reliable evidence. Our QC kept hammering for her medical/psychiatric records and when the Crown eventually saw them they could see she was making it up as she went along. Coupled with the mental health problems this made her so unreliable she could not be believed.

[fighter]

no nothing severe; only just a mild "absent mindedness" or petit mal from what we know. The solicitor asked for medical records to see if there is something significant. She will have to remember her lies clearly or can she act to have a really severe mental problem? The solicitor and barrister think she can give evidence and be put on witness stand.

[Rights Fighter]

Nobody can say until she actually gives evidence. However if you have a good barrister and she keeps changing what she says the barrister should bring these forcefully to the jury's attention.