False Allegations of Sexual Violence: The Reality

  • Charlotte Triggs OBE


This article explores comments suggesting that women ‘cry rape’. Such comments are often rooted in rape myths which may negatively influence criminal justice professionals and the decisions they make. Examples of online newspaper reports illustrate how the media portray those convicted of making false allegations. There is no legal definition of ‘false allegation’ and police and prosecutors use widely differing informal definitions that result in a significant variation in the percentage of allegations that are classified as false. A case where a vulnerable woman, the victim of domestic abuse, was prosecuted by the Crown Prosecution Service (CPS) when she withdrew a complaint of rape against her husband, resulted in new guidance for prosecutors reviewing cases of Attempting to Pervert the Course of Justice and Wasting Police Time. The myth that women ‘cry rape’ is not supported by statistics, as illustrated by a recent review by the CPS.


  1. Angiolini, E. (2015, April 30). Report of the independent review into the investigation and prosecution of rape in London. Available at: (Accessed 14 November 2017).
  2. Baker, K. (2015, December 24). Woman who falsely claimed she had been raped so she could resit her A-levels is jailed for 2 years. MailOnline. Available at: (Accessed 17 November 2017).
  3. Burton, M., McLeod, R., de Guzmán, V., Evans, R., Lambert, H., & Cass, G. (2012). Understanding the progression of cases through the criminal justice system: Evidence drawn from a selection of casefiles (Ministry of Justice Research Series 11/12). Available at: (Accessed 14 November 2017).
  4. Crown Prosecution Service. (2011, July). A consultation on CPS interim guidance on perverting the course of justice—Charging in cases involving rape and/or domestic violence allegations. Available at: (Accessed 14 November 2017).
  5. Crown Prosecution Service (Levitt, A., and CPS Equality and Diversity Unit). (2013a). Charging perverting the course of justice and wasting police time in cases involving allegedly false rape and domestic violence allegations—Joint report to the Director of Public Prosecutions.Google Scholar
  6. Crown Prosecution Service. (2013b). The code for crown prosecutors. Available at: (Accessed 14 November 2017).
  7. Crown Prosecution Service. (2017). Guidance for charging perverting the course of justice and wasting police time in cases involving allegedly false allegations of rape and/or domestic abuse. Available at: (Accessed 14 November 2017).
  8. Duell, M. (2015, March 26). Woman jailed for falsely accusing two soldiers of trying to rape her because she was ashamed about drunken cocaine-fuelled threesome. MailOnline. Available at: (Accessed 13 November 2017).
  9. Fifield, N. (2015, July 25). Two women jailed after having threesome with man and accusing him of sexual assault. The Mirror. Available at: (Accessed 17 November 2017).
  10. Hohl, K., & Stanko, E. (2015). Complaints of rape in the criminal justice system: Fresh evidence on the attrition problem in England and Wales. European Journal of Criminology, 12(3), 324–341.CrossRefGoogle Scholar
  11. Johnson, J. (2015, June 30). Friends are sentenced for inventing sex attack lies against man. Southern Daily Echo. Available at: (Accessed 17 November 2017).
  12. Kelly, L., Lovett, J., & Regan, L. (2005, February). A gap or a chasm? Attrition in reported rape cases (Home Office Research Study 293). Available at: (Accessed 14 November 2017).
  13. Lodrick, Z. (2007). Psychological trauma—What every trauma worker should know. The British Journal of Psychotherapy Integration, 4(2). Available at: (Accessed 13 November 2017).
  14. McLean, I., Roberts, S., White, C., & Paul, S. (2011). Female genital injuries resulting from consensual and non-consensual vaginal intercourse. Forensic Science International, 204(1–3), 27–33.CrossRefGoogle Scholar
  15. Ministry of Justice, Home Office & Office of National Statistics. (2013, January 10). An overview of sexual offending in England and Wales. Available at: (Accessed 14 November 2017).
  16. Starmer, K. (2010, December 16). Rape: Justice will be done. The Guardian. Available at: (Accessed 14 November 2017).
  17. Stern, V. (2010). A report by Baroness Vivien Stern CBE of an independent review into how rape complaints are handled by the public authorities in England and Wales (Government Equalities Office & Home Office). Available at: (Accessed 13 November 2017).
  18. Assange v Swedish Judicial Authority [2011] EWHC 2849.Google Scholar
  19. R v A [2010] EWCA Crim 2913.Google Scholar
  20. R v Bree [2007] EWCA 256.Google Scholar
  21. R v Malone [1998] 2 Cr App R 447.Google Scholar
  22. R v Summers (Alfred) [1952] 1 All E.R. 1059.Google Scholar
  23. R v Vreones [1891] 1 Q.B. 360.Google Scholar
  24. R(F) v Director of Public Prosecutions [2013] EWHC 945.Google Scholar
  25. Woolmington v D.P.P [1935] A.C. 462.Google Scholar

Copyright information

© The Author(s) 2018

Authors and Affiliations

  • Charlotte Triggs OBE
    • 1
  1. 1.LondonUK

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