Woman Who Can’t Be Named For Legal Reasons Instructs Lawyers After Force Closes Investigation Without Interviewing Suspect

A woman is attempting to crowdfund a legal challenge against the Metropolitan Police after officers dismissed her allegations that her husband raped her.  

The woman, who is calling herself Emma to protect her identity for legal reasons, reported to officers in 2021 that she had been raped by her husband two years earlier. The couple have since separated.

She told officers that her husband had intercourse with her after she said she didn’t want sex anymore.  She said she had told him what was happening felt like rape, but that he had carried on regardless. 

Met closes investigation without interviewing suspect

Despite Emma’s account, the Met closed its investigation without interviewing the suspect, speaking with witnesses or reviewing mobile phone evidence, saying she had not made an allegation of rape. 

Police continued to refuse to investigate even after she made an official complaint to the Met’s Directorate of Professional Standards over the force’s handling of her case. 

After Emma raised further concerns, including with the assistance a women’s charity, the force agreed to investigate allegations of coercive and controlling behaviour against her estranged husband, but not rape. 

Police had been called to the then couple’s home several times over a number of years and had conducted multiple domestic abuse risk assessments.  

On one of these occasions she told officers she feared for her life and that the situation was getting worse. On another occasion officers arrived to find Emma, who was pregnant at the time, holding her stomach and crying. Emma told officers that her husband had punched her in the belly.

Woman asks lawyers to challenge decision

The woman, in her 40s, from London, has instructed public law and human rights lawyers at Irwin Mitchell to challenge the lawfulness of the Met’s decision. In response to legal correspondence from the firm, the Met said that closing the rape investigation was within its “very wide discretion”.

Before she can bring the case Emma needs to raise £14,000 after lawyers instructed by the Met said they would pursue her for legal costs if the court rules against her. She has set up a crowdfunding appeal to help raise the funds.

Why Emma is crowdfunding 

Emma said: “I never thought the police would let me down this badly and can’t understand why they're fighting this case. Rape survivors shouldn’t have to go to court to force the police to do their job, but here I am. It just feels surreal.

“The fact that the Met has repeatedly threatened to claim legal costs from me if I don’t win in court is really scary. I know I have a strong case but I can’t risk having to pay the Met tens of thousands of pound if I lose. That’s why I’m crowdfunding £14,000 to protect myself against that risk.

“I feel really bad asking people for help just after Christmas and during a cost of living crisis but the Met hasn’t left me with any other options. The deadline for issuing my case at court is coming up and I either have to go for it or accept that my complaint of rape is not going to be properly investigated.

“The trauma of the rape itself will live with me for the rest of my life, but it’s been made so much worse by the way the Met has treated me. They told me that what happened to me wasn’t a crime, even after I told them he had sex with me when he should have known I wasn’t consenting. The fact that the Met is still refusing to treat my report as an allegation of rape should worry all women and everyone who cares about women’s safety.  

“That’s why I want the Met to investigate my report and that’s why I’m bringing this legal case. It’s about more than just what happened to me, it’s about trying to improve things for all rape survivors.”

Expert Opinion

“My client has made a crystal clear allegation of rape. However, the Met carried out a completely inadequate investigation followed by total denial that it did anything wrong.

“The Human Rights Act places the police under a legal duty to promptly and effectively investigate allegations of rape. The fact that the Met hasn’t even interviewed the man suspected of raping my client is shocking, and is made worse by the position it’s now taking in response to this proposed legal action.

“Rather than admitting its mistake the Met is spending taxpayers’ money to argue that Emma is out of time to challenge its failures in the High Court. The fact that this argument is legally wrong does not make it any less of an objectionable attempt to avoid investigating an allegation of rape.

“It’s appalling that people in my client’s situation have to rely on the kindness of others to allow them to bring these challenges, when the Met will have the benefit of lawyers paid for out of the public purse. Sadly it’s a position that lots of people find themselves in unless they are very poor and get legal aid or are very rich.” Gus Silverman

Home Office review into sex offence investigations

On 15 December, 2022, a Home Office review identified “widespread investigative failings” by police forces including the Met in relation to complaints of rape, with investigators lacking “sufficient specialist knowledge about sexual offending.” 

The review found that allegations of rape by current or former partners were associated with particularly low charging rates, with only 1.2 per cent of such complaints made to one force resulting in charges.

In June 2022 the Met was placed in special measures after HM Inspectorate of Constabulary raised multiple concerns including an unacceptable standard of recording crimes, finding that “not all reports of rape are correctly recorded”.  The Inspectorate also noted a “high
proportion of inexperienced staff”, and a lack of effective supervision.

Find out more about our expertise in handling human rights cases at our dedicated protecting your rights section. Alternatively to speak to an expert contact us or call 0370 1500 100.