An inquiry into the suicide of an alleged rape victim who was being prosecuted by the Crown Prosecution Service (CPS) has been ordered by the country’s top prosecutor.
Eleanor de Freitas, 23, killed herself just days before going on trial for perverting the course of justice. She left behind notes detailing how fearful she was of going to court.
An inquest is due to open into her death today, but her family’s lawyers are calling for a wider investigation to be launched and for a jury to determine whether the decision to prosecute contributed to her death.
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"Eleanor was a vulnerable young woman who made a complaint of rape as a result of which she herself became the subject of legal proceedings," her father, David de Freitas told The Guardian.
In 2013, de Freitas reported that she had been raped by a male associate. The police launched an investigation and arrested the alleged perpetrator, but later told her that no further action could be taken because of a lack of evidence. The case was subsequently closed.
However, the man then went on to launch a £200,000 private prosecution against de Freitas, alleging that she had lied about the rape. Her lawyers asked the CPS to halt the action, but it instead took over the case and went ahead with the prosecution.
Director of Public Prosecutions Alison Saunders has promised to investigate the case personally, saying it is "one of the most difficult" she has ever seen, the BBC reports.
De Freitas’s father has criticised the CPS for pursuing the case against her. He alleges that the CPS went ahead with the trial, even though the police did not believe there to be a case against her. Prosecutors also failed to take into account that she has a mental health condition.
"There are very serious implications for the reporting of rape cases if victims fear that they may themselves end up the subject of a prosecution if their evidence is in any way inconsistent," he said.
The "tragic and troubling case" also raises broader concerns about the private prosecution of rape complainants, said Adam Pemberton, assistant chief executive of the charity Victim Support.
“We are concerned in principle about someone who has been accused of rape being able to bring a private prosecution against the complainant because this allows that individual to use the law to do something guaranteed to intimidate their accuser," he said.
