UN Rebukes UK Over Prosecution of Woman Who Died
A United Nations committee has found that Britain violated the rights of a young woman who died by suicide while being prosecuted over an allegedly false rape claim. The UN rebukes UK authorities for failing to protect her, in a decision published on Thursday.
The woman, Eleanor de Freitas, was 22 when she reported to police in 2012 that she had been sexually assaulted. She had been diagnosed with bipolar disorder and told police she believed she had been drugged by a man.
What happened to Eleanor de Freitas
Following an initial investigation, police decided not to prosecute the man after determining there was “no realistic prospect of a conviction”, the committee said.
The man then brought a private prosecution against Ms de Freitas, accusing her of perverting the course of justice by making a false rape allegation.
The proceedings stripped her of the anonymity protection usually given to alleged rape victims, and affected her access to support services, reducing her counselling sessions, the committee said.
Several months later, the Crown Prosecution Service (CPS) took over the case. Her lawyers had asked the CPS to step in and discontinue the private prosecution. The CPS instead decided to proceed.
Three days before her trial was due to begin, Ms de Freitas took her own life. Her father, David de Freitas, took the case to the committee, saying the authorities had subjected his daughter to gender-based discrimination and denied her equal access to justice.
UN rebukes UK: what the committee found
The committee found the UK’s legal framework, which let an alleged perpetrator start proceedings against a complainant without effective safeguards, could disproportionately affect women and discourage victims from reporting sexual violence.
It ruled her treatment amounted to indirect discrimination and that the UK had failed in its duty to protect her.
“Legal mechanisms must not have the effect of silencing or paralysing survivors of sexual and gender-based violence and creating a climate of self-censorship for fear of being prosecuted, especially when charges of perverting the course of justice can shift a survivor to the role of a defendant,” said committee member Rangita de Silva de Alwis.
The committee also found the CPS, in taking over and continuing the prosecution, failed to give enough weight to her situation as a complainant living with bipolar disorder and to the harm the proceedings could cause.
What the committee wants Britain to do
The committee called on the UK to change the law so that such prosecutions may only be brought by public prosecuting authorities.
It also recommended reparation for her father, including compensation for material and moral harm, and that her record be expunged.
Why the case matters beyond Britain
The Centre for Women’s Justice has given evidence to Parliament on the case, saying private prosecutions over allegedly false rape claims should not be allowed at all, or should need the Director of Public Prosecutions’ approval first.
The CPS defended taking over the prosecution in 2014, and the Attorney General refused an independent inquiry in 2018, saying the CPS had already reviewed the case.
The UN decision frames the case more widely: the issue is not only what happened to one woman, but whether the law deters victims from coming forward. For Pakistan, where women’s rights and access to justice remain contested, the ruling is a reminder of how the justice system treats complainants in sexual violence cases.
Britain’s courts have handled other high-profile sex cases this year, including the guilty verdict against Russell Brand.
The committee did not decide whether the original complaint was true, a question never proven either way.
Dawn reported the committee’s findings on Thursday. The UN human rights office published the committee’s decision the same day.
Frequently asked questions
Who was Eleanor de Freitas?
Eleanor de Freitas was 22 when she reported to police in 2012 that she had been sexually assaulted. She lived with bipolar disorder and died by suicide three days before her trial was due to begin.
What did the UN committee decide?
It found Britain violated her rights and failed to exercise due diligence to protect her from discrimination and revictimisation.
What is a private prosecution?
A private prosecution is a criminal case started by a private individual rather than the state. In this case, the man Ms de Freitas had accused brought the prosecution against her, and the Crown Prosecution Service later took it over.
What has the committee asked the UK to do?
The committee called on the UK to change the law so that such prosecutions can only be brought by public prosecutors, to pay reparation to Ms de Freitas’s father, and to expunge her record.
