False accusation.

[ronnybabes]

I'm a bit torn over this.

A man is falsely accused of **bleep**. (a well known sexual crime) 

After going through his own personal hell it is proved that the allegations were false, and never happened. He was released without charge,his life, will now never be the same, and the stigma will probably never ever go away. As proved on this site alone, once an accusation is made, some folk have the accused guilty before the trial, or verdict is given.

Now this Lady, who made the allegations, was promptly charged with wasting Police time, (I think that was the charge) but before she was due to appear in Court she committed suicide.

Her Family are understansably angry, and upset, and are blaming the authorities. It was stated by the Family that she suffers mental problems, including bi-polar disorder, and the thought of a Court ordeal drove her to take her own life.

Whereas one cannot help, but have sympathy for the Family, I do have some nagging thoughts, ....  was her mental state brought to the attention of the Police during the investigation? ... but even if it was, this would be of scant comfort to the man accused of this crime.

So should she have been charged?

Were the Authorities even informed of her mental condition?

Should her victim be entitled to restorative justice?

What a minefield!

[cee-dee]

Originally it was a private prosecution until her lawyers asked the CPS to intervene. They did, but instead of halting the prosecution like her lawyers asked, the CPS took over with a prosecution for allegedly perverting the course of justice. 

[evoman3957]

BBC 1 news reader, said the charges against the Man were dropped because of lack of evidence; so until I know all the facts, from sources that can at least agree...........I'll reserve any judgement. Your right though............a Minefield.......even at this stage, goodness knows how much more convoluted it will get; if it goes on much longer.

[upthecreekyetagain]

There's no mention in the reports of the man in this case ever facing a trial.  The woman, Ms De Freitas made a complaint against him to the police but there is no mention of the case evr coming to court - quite the contrary, the man took out a private prosecution for perverting the course of justice against Ms De Freitas.

http://www.bbc.co.uk/news/uk-29956893

[ronnybabes]

---

@cee-dee wrote:

Originally it was a private prosecution until her lawyers asked the CPS to intervene. They did, but instead of halting the prosecution like her lawyers asked, the CPS took over with a prosecution  for allegedly perverting the course of justice. 

---

@upthecreeky wrote:

There's no mention in the reports of the man in this case ever facing a trial.  The woman, Ms De Freitas made a complaint against him to the police but there is no mention of the case evr coming to court - quite the contrary, the man took out a private prosecution for perverting the course of justice against Ms De Freitas.

http://www.bbc.co.uk/news/uk-29956893

As I said, a veritable minefield. 

[cee-dee]

[upthecreekyetagain]

I'm not sure what the family of the woman in question want - if it is to say that the private prosecution shouldn't have been taken over by the CPS because she suffered from bi-polar disorder then I disagree.  Where there is sufficient evidence for a case to proceed then it is up to the defence to demonstrate that the mental capacity of the accused is such that it justifies a not guilty verdict.

A man accused of sexual assault, (or any other crime for that matter), can never be proven to be innocent at their own trial - the most that can be demonstrated is that there is not enough evidence to prove the charge beyond a reasonable doubt.

Conviction of the accuser however does prove beyond a reasonable doubt their innocence. 

Yes it is tragic that the lady in question committed suicide but I don't see that you can blame the CPS for that - her family presumably knew she had mental problems and quite frankly they are the ones who should have been supporting her and caring for her as her trial approached.

[ronnybabes]

---

upthecreekyetagain wrote: 

Yes it is tragic that the lady in question committed suicide but I don't see that you can blame the CPS for that - her family presumably knew she had mental problems and quite frankly they are the ones who should have been supporting her and caring for her as her trial approached.

---

But I don't, and never have, I created the OP to garner opinions, not to pass any judgement.

That, I leave to others far more well equipped then I am.

[upthecreekyetagain]

Ronnie - that 'you' was intended as a generic 'you' - not directed at you or anyone in particular.

[tommy.irene]

Wealthy financier who Eleanor de Freitas said was a rapist offers sympathy to family, saying her death was a 'very unfortunate event' Alexander Economou launched private prosecution against Eleanor de Freitas because she had accused him of **bleep** Miss de Freitas killed herself in April, three days before start of her trial Mr Economou, 35, said that her death was a 'great loss' DPP is personally overseeing inquiry into decision to put her on trial Read more: http://www.dailymail.co.uk/news/article-2826061/Wealthy-financier-offers-sympathy-family-woman-said-...

[al**bear]

Think this is different from what People usually call - a 'False accusation'

[margaret*e]

This is a difficult one,  I've always said women who make false accusations should be locked up, but there seems to be mitigating circumstances.

On the other hand, is it ok to ruin a mans life because a woman has problems, and it is ruined whatever the end results.

[fallen-archie]

What this case does is once again focus attention on the precarious state of our mental healthcare system. As the number suffering continues to grow surely the time has come for people to take it more seriously. In many ways it is no different to cancer, it rules your life it rules your mood and state of mind, the vast majority of cases can be assisted through the right medication and CBT.
So was this woman receiving treatment and if so to what extent had the CPS examined the nature of her illness. Were they aware of her suicidal tendencies if not why? The answer to that may lie where I began. But one thing for certain unless we all get a grip of mental health problems and it's potential effect on society as a whole then cases like this will become more and more common.

[saasher2012]

No , it's not right that a mans reputation is ruined, this woman was clearly troubled, however it's another reason not to name the accused until the full facts are known or a conviction is forthcoming!.

[ronnybabes]

---

@upthecreekyetagain wrote:

Ronnie - that 'you' was intended as a generic 'you' - not directed at you or anyone in particular.

---

Oh, Okay.

[lambsy_uk]

So should we be refraining from bringing prosecution against anyone with a bi-polar disorder?

Doesn't sound right to me!

[upthecreekyetagain]

---

@lambsy_uk wrote:

So should we be refraining from bringing prosecution against anyone with a bi-polar disorder?

Doesn't sound right to me!

---

Nor me!

That isn't to say that when someone with apparent mental problems is prosecuted the appropriate social support services shouldn't be informed so that they get the necessary support to protect themselves and others from harm.

[lambsy_uk]

---

@upthecreekyetagain wrote:

---

@lambsy_uk wrote:

So should we be refraining from bringing prosecution against anyone with a bi-polar disorder?

Doesn't sound right to me!

---

Nor me!

That isn't to say that when someone with apparent mental problems is prosecuted the appropriate social support services shouldn't be informed so that they get the necessary support to protect themselves and others from harm.

---

Agreed.