Friday, 5 December 2014

Letter to Lisa Longstaff (of the charity Women Against Rape) - re maintaining anonymity for those accused of rape

Lisa Longstaff
Crossroads Women's Centre
25 Wolsey Mews
London NW5 2DX

5th December 2014 

Dear Ms Longstaff,

I was the Private Prosecutor in the case against Eleanor De Freitas

I have read you and your colleagues comments on my case with interest. Firstly please let me say that I am completely against rape. I have two female friends who were raped and never reported it to the police. One of which I dated and one of which was even a witness for the CPS and supported this case.

Please find USB stick enclosed. I want you to see with your own eyes the CCTV of me and EDF the morning after the alleged rape. The CCTV captured us in Ann Summers on 24th December 2012 at 11:24am. You can see EDF chose multiple sex toys including a couple of vibrators and a vibrating egg. On top of that she spent around £100 on lube, although you cannot see it clearly in the video. The total bill in Ann Summers came to £340.00

On top of this evidence are statements of others whom she told a different version of events to. As well as phone evidence showing a number of text messages consistent with a false allegation. That’s three types of evidence. CCTV, phone reports and witnesses.

Despite this wealth of evidence the CPS took three months (Sept-Dec 2013) to consider the case. It went through all the different departments. It was even ratified by Alison Levitt QC who are the time was Adviser to the DPP. I would also point out that Alison Levitt studied for a 17 month period false allegations of rape for the entire country and wrote the report herself. She an expert on the subject.

With regards to EDF’s mental health and “vulnerability”. Her own defense lawyers gave the court two reports on a voluntary basis that said she was fit for trial. Not only that but the reports described her a more able than most, manipulative, highly intelligent and even machiavellian. Those are the words of the psychiatrist who was chosen by her own lawyers. They didn’t have to serve those reports to the court but they did, and it was done on a voluntary basis. That’s what the CPS based their decision on when considering her mental health. Two reports that said she was not only fine, but also manipulative. Both reports were written by psychiatrists of her own choosing.

I note that you say that women should not be prosecuted for making false allegations of rape. I also note that Ms Avalos says that those who are falsely accused can bring civil defamation proceedings instead of prosecuting.

Ms Avalos is mistaken. Complaints made to the police (in the UK) are immune from defamation proceedings. There is a test case called Westcott v Westcott which was heard in the Court Of Appeal a few years ago. Even if you can prove that a complaint is false and has been done with malice you can still not bring defamation proceedings.

I am all for catching rapists and getting more convictions. But the problem at the moment is naming alleged rapists in public causes serious problems. If there had been anonymity laws in place for the accused as well as the alleged victim I would have not needed to bring my private prosecution.

As soon as you start naming people you are “upping the ante”. Those falsely accused are going to want to clear their names. The only mechanism for clearing ones name is a Private Prosecution. You may have seen my article on the Mail on Sunday? Underneath the online version are a lot of comments 90% of which support the prosecution. That’s what the public think about it. They believe that it was fair.

I note (from previous press) that you don’t want to have anonymity for those accused, but then you do need a mechanism for them to clear their names. Wouldn’t you agree? At the moment this is the Private Prosecution. I would welcome any creative ideas on how the innocent can clear their names, as an alternative to this. As I said before false police reports are immune from libel so you can’t go in the civil courts asking for an apology. That’s a big problem.

I seriously believe that anonymity for those accused (until conviction) would help your cause. If the innocent are not named then they are less likely to push for legal action and commence private prosecutions. By naming the innocent as “alleged rapists” you are guaranteed that what happened to me will happen again. There will be more tears and more tragedy.

For your information I would also like to point out that EDF has a history of making false rape complaints. That was part of the prosecution evidence. A few years ago she made a false rape complaint against another man. Police answered your prayers that time and did nothing in that case. As a result she did it again. A textbook example of how false allegations cannot be ignored. This is not yet in the press but will be when the IPCC investigation is complete.

I am all for catching and convicting rapists, but all in balance please, let’s protect the innocent as well.

Kind regards,


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