Inquiry into alleged rape victim case

Written By Unknown on Jumat, 07 November 2014 | 16.50

7 November 2014 Last updated at 09:41

An investigation has been launched into the case of a woman who was prosecuted over an alleged false rape claim - and then killed herself.

Eleanor De Freitas, 23, had bipolar disorder, and left notes saying she was frightened of going to court.

She said she had been raped but later faced trial for allegedly perverting the course of justice.

Her father, David, said she had not been able to cope with this. He called the situation "tragic, tragic, tragic."

Director of public prosecutions Alison Saunders said she was personally asking officials for answers.

Mental breakdown

An inquest into Ms De Freitas' death is due to open on Friday, but her family want it to be treated as a special type of legal case where a jury can consider whether public bodies could have done more to prevent a fatality.

Ms De Freitas suffered a mental breakdown during her first year at Durham University. She was diagnosed with bipolar disorder and had received medical treatment.

In early 2013 she made a rape complaint to the Metropolitan Police.

The force told her there would not be a prosecution because of some inconsistencies in her evidence.

The man she had accused of rape then launched his own private prosecution, accusing her of perverting the course of justice.

Ms De Freitas' solicitors asked the Crown Prosecution Service to halt the private action but the CPS decided to take it over and continue it.

Three days before Ms De Freitas was due to stand trial in April, she took her own life.

'Soul destroying'

David De Freitas told BBC Radio 4's Today programme his daughter feared the prospect of testifying at trial.

He said: "I saw a quarter of the Eleanor that used to be there. It was soul destroying and it ground her down.

"She masked really what she was going through because she seemed on the surface to have been coping quite well, but clearly she wasn't.

"I personally think that it was because she feared being sectioned under the Mental Health Act that she took strenuous efforts to mask her feelings and what she reported to her medical team and to us."

"In the end, she couldn't cope with it and it was tragic, tragic, tragic."

He added that while he was grateful the investigation was taking place, "it very much falls into the category of too little too late".

In a statement, Ms Saunders said she wanted to meet the De Freitas family after she had completed her investigation.

"I am very saddened by the tragic death of Eleanor de Freitas," she said.

"I have asked the team which dealt with this case for a full explanation which addresses all of the De Freitas family's concerns.

"I appreciate the family's unease which is why I am looking at this personally in order to satisfy myself of the detail surrounding all the stages of the case.

"Prosecuting cases of perverting the course of justice in connection with an alleged false rape allegation is rare, extremely difficult and always complex and sensitive.

'Serious concerns'

"This case was one of the most difficult I have seen. To say any more at this stage would be inappropriate until I can answer the De Freitas family's concerns fully and directly."

Under Article 2 of the European Convention on Human Rights, public bodies must account for their actions if they were either involved in a death or there is a question over whether they could have done something to prevent it from happening.

In practice, this usually means holding an inquest before a jury so that it can decide whether or not the state had any role in what happened.

Deborah Coles, of campaign group Inquest, said: "This case raises serious issues of concern regarding the prosecution of rape complainants."


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