Stay up to date with notifications from The Independent

Notifications can be managed in browser preferences.

Man appeals to sue his rape accuser

Home Affairs Editor,Robert Verkaik
Wednesday 15 July 2009 19:00 EDT
Comments

Your support helps us to tell the story

As your White House correspondent, I ask the tough questions and seek the answers that matter.

Your support enables me to be in the room, pressing for transparency and accountability. Without your contributions, we wouldn't have the resources to challenge those in power.

Your donation makes it possible for us to keep doing this important work, keeping you informed every step of the way to the November election

Head shot of Andrew Feinberg

Andrew Feinberg

White House Correspondent

Women who cry rape face being sued for hundreds of thousands of pounds in damages if the prosecution fails to secure a conviction in court, it was claimed during a landmark legal challenge yesterday.

Anthony Hunt, 69, a former magistate from Dorset, was jailed for rape for four years in 2003 but had his conviction quashed on appeal in 2005. Yesterday he asked the Court of Appeal to allow him to sue his accuser, identified as AB, for damages of £300,000 for what he said amounted to his malicious prosecution. The case could open the floodgates for compensation claims from hundreds of men who have been cleared of rape.

Lawyers and women's rights groups said that, if successful, the action could set back the prosecution of rape by decades. Mr Hunt has argued that the woman became the prosecutor by giving a witness statement to police in 2002 and by agreeing to give evidence against him, although the charge was brought by the Crown Prosecution Service (CPS).

Anna Mills, a lawyer at law firm Lovells, who acts for AB on a pro bono basis, said: "The case is unusual because Mr Hunt brought his initial claim against the complainant rather than the prosecuting authorities. This means that our client... is personally having to defend his claim for £300,000 in damages."

Ms Mills added: "Casting AB as the 'prosecutor' in a rape case brought by the proper authorities is oppressive... If the appeal succeeds, it will have serious public policy implications and allow rape complainants... to be sued by their alleged attackers."

Join our commenting forum

Join thought-provoking conversations, follow other Independent readers and see their replies

Comments

Thank you for registering

Please refresh the page or navigate to another page on the site to be automatically logged inPlease refresh your browser to be logged in