The UN Committee on the Elimination of Discrimination against Women (CEDAW) has found that the UK violated the rights of Eleanor de Freitas who took her own life after being prosecuted for allegedly making a false rape accusation. In a landmark decision and the first ever decision by CEDAW against the UK under its optional protocol, the Committee has found in favour of the case brought by Centre for Women’s Justice on behalf of Eleanor’s father. It recommends reform of the law to ensure effective safeguards are in place to help protect women from retaliation and revictimisation by those they accuse of rape.
A summary of the facts of the case and decision is set out in the Committee’s press release. The committee recommends that the UK amends its legislative framework to prevent the use of private prosecutions in such cases.
David de Freitas, father of Eleanor, stated:
“For the last twelve years, ever since Eleanor felt that the only option for her was to take her own life, we have felt that the Criminal Justice System in the UK was not interested in any justice or accountability for Eleanor, nor the detrimental effect that their actions would have on those women who need to report serious sexual assault. Finally, an international body of the United Nations, which specialises in the rights of all women, has listened, examined my complaint comprehensively and agreed with what we have been saying all along. I want to make sure that what happened to Eleanor is never, never repeated.”
Miranda de Freitas, Ellie’s mother, stated:
“My Darling Daughter’s devastatingly tragic death in April 2014 should never have been allowed to happen. Ellie was beautiful, kind, incredibly intelligent and hugely loved. She had a bright future ahead of her until she felt absolutely cornered by unjust litigation.
“The last twelve years have been a living hell for us and for our family who adored Ellie and will forever feel her enormously tragic loss. Ellie was the centre of our universe. This should never be allowed to happen again. This decision brings some kind of justice though crushingly far too late for us.”
Harriet Wistrich, CEO of Centre for Women’s Justice and solicitor for the de Freitas family since 2014, stated:
“This has been a very long and hard battle for justice against a prosecution system that refused to be held accountable and a man whose sense of entitlement overrode any compassion or empathy for grieving parents. As the finding from CEDAW sets out in detail, every avenue for justice and accountability was pursued with dignity by the family but their efforts met by resistance at each step. We call on the UK government and Crown Prosecution Service to implement the recommendations for reform and reparation made by the Committee.”
David de Freitas added:
“I call on this government to bring in Eleanor's Law which would prevent future private prosecutions being brought against complainants of rape or other forms of sexual and gender-based violence.
“Eleanor's Law would stop all private prosecutions of those who report rape or serious sexual offences. It would allow the Crown Prosecution Service to mount such prosecutions only with the Attorney General’s consent and with appropriate safeguards in place including that the statutory right to life-long anonymity for rape complainants is to remain intact until conviction with all avenues of appeal having been exhausted.”
ENDS