False Allegations of Rape and/or Domestic Abuse| The Crown Prosecution Service

Cases Where it is Suggested the Complaint is False

A person who deliberately makes a false allegation of a crime in the knowledge that there is a risk that the police will conduct an investigation would have committed one of the relevant offences and is liable to be prosecuted subject to public interest considerations.

The first question will be whether the suspect has in fact made a clear and unambiguous complaint of a crime against an identifiable individual in the first place. This may not be the case in the following situations:

• Where he / she merely expressed a concern or feeling that they might have been the victim of a crime which was then perhaps treated as a complaint by others. This may be the case where the suspect cannot remember all the details, perhaps as a result of taking alcohol or drugs. In such a case this would merely be a truthful reflection of the suspect’s state of mind rather than a positive complaint of a crime.
• Where he / she did not truly understand the nature of the allegation which was reported. This may be the case, for example, where the suspect said that they had not consented but did not actually understand what the word “consent” meant. There should be particular focus on this issue where the suspect is young or has mental health or learning issues.
• Where a third party made the allegation and the suspect was not completely supportive of it perhaps because they were coerced into supporting it.

The second question will be whether there is sufficient evidence to prove that allegation was in fact false. If the evidence is such that the original allegation might reasonably be true then there is not a realistic prospect of conviction and no charge should be brought. The mere fact that the original allegation did not meet the evidential stage of the full Code test does not mean that the prosecution can prove that it was false. That involves an entirely different question. Likewise, where a complainant withdraws their support for a prosecution but nevertheless maintains their allegation is true, this is unlikely in itself to be sufficient to found a case for one of the relevant offences.

https://www.cps.gov.uk/legal-guidance/false-allegations-rape-andor-domestic-abuse-see-guidance-charging-perverting-course