From Rape Complainant to Defendant: UN Exposes Failings in UK Justice Protections

The Committee concluded that the authorities failed to protect her from gender-based discrimination and further victimisation, raising serious concerns about how the legal system treats women who report sexual violence.

The United Nations Committee on the Elimination of Discrimination against Women (CEDAW) has found that the United Kingdom violated the rights of a young woman who faced criminal prosecution after reporting an alleged rape. The case involved a 22-year-old woman whose rape complaint led to legal proceedings against her, initially brought by the man she had accused and subsequently continued by public prosecutors. The Committee concluded that the authorities failed to protect her from gender-based discrimination and further victimisation, raising serious concerns about how the legal system treats women who report sexual violence.

The woman, identified as E.F., reported to police that she had been sexually assaulted by a man identified as A.P., explaining that she believed she had been drugged during the incident. E.F., who had previously been diagnosed with bipolar disorder, faced a difficult situation after police decided not to prosecute the accused man because investigators believed there was no realistic prospect of securing a conviction. The decision was followed by a private criminal prosecution initiated by A.P., who accused her of making a false rape allegation and perverting the course of justice.

The legal proceedings had a severe impact on E.F.'s mental health and access to support, placing her under increasing emotional pressure as she prepared to defend herself against criminal charges. Three days before her scheduled trial, E.F. died by suicide, leaving her family seeking answers about the decisions made by police, prosecutors and other authorities involved in the case. Her father subsequently brought the matter before the UN Committee, arguing that the treatment of his daughter amounted to gender-based discrimination, further victimisation and a denial of equal access to justice.

Private Prosecution Exposed Rape Complainant to Further Harm

Under UK law, private individuals can initiate certain criminal proceedings, a provision that allowed A.P. to pursue charges against E.F. after the police investigation into her rape allegation ended without prosecution. Receiving a summons from Westminster Magistrates' Court triggered a relapse of her mental health condition, and the proceedings also removed the anonymity protections she had previously held as a rape complainant. Her access to counselling was reduced, and she was warned against discussing matters connected to the case during therapy sessions because such conversations could potentially affect her testimony.

Several months after the private prosecution began, the Crown Prosecution Service (CPS) assumed responsibility for the case despite requests from E.F.'s lawyers to intervene and discontinue the proceedings. The public prosecutors decided to continue with the charges, relying largely on evidence gathered on behalf of A.P., even though police had never interviewed E.F. about the allegation that she had made a false report. These circumstances raised serious concerns about whether the authorities had properly considered her vulnerability, the fairness of the proceedings and the potential consequences of continuing the prosecution.

UN Committee Finds Discrimination and Failure to Protect Women's Rights

The Committee found that the UK's legal framework lacked effective safeguards to prevent alleged perpetrators of sexual violence from using private prosecutions against women who reported them. Such proceedings could disproportionately affect women and discourage survivors from contacting police, particularly when reporting an assault might expose them to criminal accusations and further psychological harm. CEDAW concluded that E.F.'s treatment amounted to indirect discrimination and that the United Kingdom had failed to exercise the necessary care and diligence to protect her from discrimination and further victimisation.

The Committee also examined the CPS decision to take over the prosecution, finding that prosecutors had not given sufficient consideration to E.F.'s circumstances as a rape complainant living with bipolar disorder. The combined effects of criminal proceedings, reduced support and mental health difficulties required careful assessment, particularly when the prosecution itself could create additional harm for a vulnerable complainant. Continuing the case without adequately considering these circumstances violated her rights to equality before the law and effective access to justice under the Convention on the Elimination of All Forms of Discrimination against Women.

CEDAW member Rangita de Silva de Alwis warned that legal procedures should never become instruments for intimidating women who report sexual violence or discouraging others from seeking protection. She emphasised that criminal proceedings must not exploit existing power differences between complainants and accused individuals, particularly when a person reporting sexual violence faces the possibility of becoming a criminal defendant. The Committee's findings highlight how legal provisions that appear neutral can produce discriminatory outcomes when their effects on women and survivors of gender-based violence are not properly addressed.

UN Calls for Legal Reforms, Compensation and Stronger Safeguards

The Committee has urged the United Kingdom to amend its legislation so that prosecutions involving allegedly false reports of rape, sexual violence or other forms of gender-based violence against women can only be initiated by public prosecuting authorities. It also recommended stronger safeguards against retaliation and further victimisation, accompanied by gender-sensitive assessments that consider the personal circumstances and potential vulnerabilities of complainants. Prosecutors, judges and law-enforcement officials should receive appropriate training to recognise discrimination, protect survivors and ensure that criminal procedures do not undermine access to justice.

The UN body further called on the UK government to provide appropriate reparation to E.F.'s father, including compensation for material and emotional harm resulting from the violations identified in the case. It recommended removing E.F.'s name from judicial records connected to the prosecution and requested that the United Kingdom report within six months on the measures taken to implement its recommendations. The decision draws attention to the importance of protecting people who report sexual violence from legal retaliation and ensuring that justice systems offer meaningful safeguards rather than exposing complainants to additional harm.