Successful compensation appeal by rape victim – Pritesh Rathod

UK Human Rights Blog

RT v (1) The First-Tier Tribunal (Social Entitlement Chamber) and (2) Criminal Injuries Compensation Authority [2016] UKUT 0306 (AAC) – read judgment.

The Upper Tribunal has ruled that, in deciding whether or not an applicant has cooperated with the prosecution of her assailant where she made and later retracted an allegation of rape, it was necessary to see why that retraction was made and whether it was done truly voluntarily, rather than simply assessing whether she was responsible for the retraction.

Background facts

The Applicant (“RT”) was married to H and had four children with him between 2001 and 2008.  From 2004, she was subject to physical and mental abuse by H, culminating in three incidents of rape.  What followed was a somewhat protracted and complicated course of events relating to H’s prosecution.

Initially, H was arrested and charged with six counts of rape.  He was bailed subject to…

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