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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10789
Experience:  Barrister 17 years experience
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Please would you tell me if a person who makes an accusation

Customer Question

Please would you tell me if a person who makes an accusation of rape and GBH which after a minute and thorough investigation by police is found to be false and never reaches Court does the complainant retain the right of anonymity in the eyes of the Law ? In other words can they be publicly named and shamed ?
Thank you very much for any guidance that you can give me.
Submitted: 3 years ago.
Category: Law
Expert:  Buachaill replied 3 years ago.
Customer:

1. At the outset, you need to realise that the condition of anonymity given to a complainant in a rape case only relates to a situation where a prosecution has been taken or is intended to be taken. There is no blanket rule of anonymity in relation to all allegations of rape. where no prosecution takes place or where the allegation is not made bona fide, then there is no condition of anonymity. So any person about whom a false allegation of rape is made may sue the complainant for defamation and seek money damages. Similarly, there is no statutory bar to a person about whom a rape allegation is made preventing them from publicising that fact where the allegation is false. However, I would advise you to take legal action for defamation rather than adopt a "name and shame" approach, because, if for some reason the decision not to prosecute turned on evidentiary issues, then you could be prosecuted for perverting the course of justice if you publicly name and shame. In essence, you are entitled to compensation for damage to your good name, but that does not allow you to harm someone else's reputation or call the prosecution decision not to prosecute evidence of bad faith on the part of the complainant.

JACUSTOMER-qgp9m48h- :

Thank you very much for your help. It has been a dreadful experience for my son whose partner of 2 years left him of her own free will stating that she was no longer happy with him. He helped find a new place to live with her puppy and agreed to keep her 2 cats as she no longer wanted them. Approx. 12 hours after leaving the house that am. she contacyed the Police accusing him of rape and gbh. He was arrested under public gaze the following morning and kept in custody with every test possible. His house was searched by Forensics and personal items, all his bedding etc. taken away. He lives in a tiny narrow street in Bideford, in an area where he has lived all his life so you may be able to guess a. how public it was ( there were builders in his house at the time he was arrested ) and b. everyone seems to know Henry as he went to school and 6th Form college in the local area. He has never been in trouble with the police before.

JACUSTOMER-qgp9m48h- :

The police were so good to him and we have nothing but praise for them. He was released on bail that pm. and came off altogether on 23/9/14. the evening before his sister's wedding. Emily told everyone it was the best wedding present ever. There was notthing found to incriminate him at all. We have thought of civil action against her but the Police have not yet dropped the possibility that they may pursue it on grounds of wasting time etc. I am not sure of exactly what they might do. We have been told by our solicitor that as she was meeting a senior Police officer whilst still with Henry and informed the investigating officers that she was a friend of his and that as she is our local MP'S pa we do not stand a chance.

Customer:

2. Who you might know, whether a police man or local MP will make no difference in a court of law! You can rest assured of that. Don't let this lady's insinuations put your son off pursuing his legal rights. So he should go ahead and sue her if he wishes for money damages.

JACUSTOMER-qgp9m48h- :

This has slightly depressed us all as it seems to smack of corruption. Have we really got that bad now ? It has all had a very bad effect on Henry and also his Father who is suffering from prostrate cancer and the shock and worry of this did not do much to help him. The girl knew about this and also about the wedding which if the Police had not been so good about would have had quite a shadow cast over it.

JACUSTOMER-qgp9m48h- :

I asked your help as I have just written to the local paper and wanted to make sure of my facts. Nobody was mentioned by name and it took the form of a general comment about persons who made false accusations of rape. The suffering which resulted and the waste of Police resources. I was very careful -- hopefully.

Buachaill and 3 other Law Specialists are ready to help you
Customer: replied 3 years ago.

Thank you for contacting me again. I did rate your response to me as excellent. I have no further questions for you at present.

I wish there was more that my son could do but I just think that he wants to try and forget it all. The family do not feel the same but it is his life and not ours.

With best wishes. Penelope.

Expert:  Buachaill replied 3 years ago.
Best wishes