I accuse one police officer say e rape me, but na me end up on trial

    • Author, Rebecca Woods
    • Author, Hayley Mortimer
    • Role, BBC File on 4 Investigates
  • Read am in 8 mins

Wen Ruth enta police station to allege say her partner don rape am, she no expect say she go end up for dock.

Police later accuse am say she make false allegation, charge her and put her for trial. E lead to years-long of struggle to clear her name, before dem finally free her.

Ruth, we don change her name to protect her identity, report di alleged rape for early 2020 - seven months afta she and di man, wey be police officer, don break up.

Di day wey di alleged assault happun, na di last time dem see each oda. "I feel say if I no report am, I no fit continue wit my life anymore," Ruth tell File on 4 Investigates.

Although di man wey dem accuse no face any charge, Ruth dey face accusation of perverting justice, wey fit carry life sentence.

For UK, only "extremely small number" of pipo evri year dey prosecuted for false rape claims, according to Crown Prosecution Service (CPS).

Di latest official figures from CPS show say for more dan one decade ago, ova a period of 17-month, between 2011-12, dem prosecute 5,651 for rape in England and Wales - but only 35 for making false allegations.

Around dat time, dem update di CPS guidelines, dis lead to false rape prosecutions dropping.

Pesin wey dem falsely accuse of rape before trial fit spend time for police cell or even prison.

If dem charge dem, dia name normally go dey public. Even pipo wey dem quickly clear fit face stigma.

Current CPS guidance tok say e dey important make police accept di damaging impact false rape allegation fit cause, and dem need handle these cases well.

"Di bar for dis prosecutions dey high," e tell us, and "lawyers for di highest level of di organisation need approve charging decisions."

For Ruth matta, di judge tok say e be like say "di whole prosecution start on false basis."

E ask serious kwesions about how dem handle di case - including one piece of evidence: secret audio recording wey Ruth former partner make.

Dis report contain explicit and distressing references to alleged sexual assault.

Ruth relationship wit di man wey she accuse dey short but intense.

E end for summer 2019, afta painful sexual encounter wia she tok say na rape.

Ruth gree reluctantly for one particular sexual act, but she set two conditions - one be say her partner go stop if she tell am say e dey pain am. She tok say she later withdraw consent during sex.

"E really, really, really dey painful," she tok.

However, she tok say her partner no stop.

Later, dem start to argue, and Ruth partner tell am say di relationship don end.

Ruth tok say she suffer so much pain, so she go see her GP wey send am go hospital for swabs and checkup.

She believe say dem don rape am. "I no wan report am becos na police officer," she tok.

She try forget wetin happun, but wen she dey find am hard to connect wit new partner months later, she decide to report di rape to Warwickshire Police.

Ruth ex partner - wey be officer for West Midlands Police - dem arrest and kwesion am, but e deny say im rape her.

To show say di sex dey consensual, e bring one audio wey im don secretly record for im phone during di sex, wey prove say Ruth dey lie.

Later, e go come clear say di officers wey dey investigate for Warwickshire agree say dem fit hear as she dey "laugh and consent".

Six weeks later, Warwickshire Police tok say dem no go take any action against Ruth ex partner.

She den, receive one phone call from di force wia ask make she come do voluntary interview.

"I think say dem really dey support me, but e change quickly," she tok.

"Dem tok say I be scorn woman, he no want me, so I dey cry for rape."

Na for her police interview Ruth find out about her ex secret audio recording.

For November 2020, nine months afta she make her allegation, dem charge Ruth wit perverting di course of justice.

Inconsistencies

Wen pesin dey pervert justice, e mean say dem dey interfere wit justice system.

E fit cover crimes such as to give false lie alibi to protect friend or family, destroy or hide evidence, dey threaten witnesses or make false allegations.

For England and Wales, wen police dey suspect false rape claims, police make decision to raise am and charge di case to higher level, by informing di director of public prosecutions.

According to CPS guidance, authorities must get evidence to show say pesin don make false allegation.

For Ruth case, as well as di audio recording, di officers wey investigate tok say plenty contradiction dey between wetin Ruth tok and di WhatsApp messages wey she don send her partner, wey show say she gree make dem do kerewa.

Wen di trial for Ruth finally start for April 2023, di prosecution lawyers tell di court say di recording and messages, plus her behaviour bifor and afta di matter, na proof say she dey lie.

Dem refer to di transcript of di recording, but dem no play di audio for di jury.

But Ruth barrister, Sophie Murray, play am.

'Di whole room changed'

As di recording dey play, Ruth dey tok say she dey pain and she tell her partner "no" and "make e comot am".

No laughter or enjoyment for Ruth voice.

Her lawyers check di audio file and see say na actors from porn film dey make those noise wey dey background.

"Suddenly, evriwia change," Ruth remember. Na first time she dey hear di recording of di alleged rape.

She tok say e dey "worse dan I fit remember". Murray wey dey listen to di audio for court, say Ruth wey dey sideon behind am for dock, clearly dey in pain. E tok say na "one of di hardest moment for my career", she tok.

Ruth defence tie to di idea of her "conditional consent" wey dem don break. Di Sexual Offences Act 2003 tok say pesin fit set condition wen e dey agree to sex - like say, make dem wear condom. If dem break dat condition, dem go consider di sex as non-concensual.

For im victim impact statement, Ruth ex-partner tok say as dem accuse am of rape e be like "living nightmare" and say Ruth don agree for di sexual encounter.

But under cross-examination by Murray, e admit say Ruth don ask am to stop di sex if e dey pain am - and e no stop.

Dem don suspend di man from West Midlands Police wit full pay.

E dey face misconduct hearing later dis year to know weda e break police code of ethics by recording di sexual act without her knowing.

We try to reach am, but e no respond.

Di jury take ova one hour to clear Ruth say she no dey guilty for perverting justice.

No be rape trial, so verdict no mean say jury find say im rape am – only say she believe so wen she make her allegation.

"I no cry, I no shout," she tok as dem no find her guilty. "I no really know wetin I feel if I tok truth"

Di judge dey ask how CPS and Warwickshire Police take make dia decisions. E also ask make dem reopen di original rape matter.

CPS tell BBC say dem dey take every rape allegation seriously, and for special cases like Ruth, na many senior prosecutors dey review evidence.

But dem respect di jury decision. Inside one statement, Warwickshire Police tok say dem consult CPS bifor dem charge Ruth for perverting justice.

Afta her trial, "dem conduct thorough review of dis case and original rape investigation, by independent officers wey no dey involve before."

We also seek advice from different CPS area to make sure say e dey independent – but dem still find say dem no get enough evidence to fit pursue di rape charge and dem close the case.

We update di victim throughout the review process, di force tok say dem dey take "all rape reports seriously and dem dey do everytin to support rape victims" and don "invest more resources for rape allegations."

Di suspect wey dey under investigation in di rape case na serving police officer, but e no affect di investigation, dey add extra levels ofscrutiny, di statement tok.

Di force wey employ Ruth ex-partner, West Midlands Police, tell us say dem carry out investigation into di conduct od di matta afta Ruth trial, as dem no dey progress internal investigations during criminal case.

Dem tok say even though investigation into di officer happun as fast as possible, e happun "within strict legal framework, wey mean serious or complex cases fit take time."

Ruth tok say she feel let down by di decision say dem no prosecute her ex-partner, but she no regret say she report di alleged rape.

"I fit honestly tok say everything wey I don do dey right for myself and for oda pipo," she tok. "I dey hope say nobody go dey in di same position like me."