A woman who says she was raped by her husband is looking to crowdfund £14,000 for a legal battle with the Metropolitan Police after they dismissed her allegations.
‘Emma’, who cannot be named for legal reasons, says she was raped in late 2019 at the end of an abusive and controlling relationship. They have since separated.
In 2021 Emma, who is in her 40s and from London, told Met Police officers her husband had raped her two years earlier – but the force told her she had not made an allegation of rape.
But she had previously told officers she feared for her life and at one point she said her husband had punched her stomach when she was pregnant.
‘Emma’, who cannot be named for legal reasons, who says she was raped by her husband is looking to crowdfund £14,000 for a legal battle with the Metropolitan Police after they dismissed her allegations (fundraiser pictured)
She says she told police: ‘I said midway that this feels like rape to him and he still carried on. I said beforehand that I didn’t want sex any more. I don’t see how this is consensual sex.’
She claims police did not interview the suspect, take any evidence from her phone or speak to any witnesses.
It is also claimed 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 concerns and asked a women’s charity for help, 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 police she feared for her life and that the situation was getting worse.
Another time officers arrived to find ‘Emma’ , who was pregnant at the time, holding her stomach and crying. She told officers that her husband had punched her in the belly.
She has asked 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 force said closing the rape investigation was within its ‘very wide discretion’.
She is looking to raise the money because lawyers instructed by the Met said they would pursue her for legal costs if the court rules against her.
‘Emma’ claims police did not interview the suspect, take any evidence from her phone or speak to any witnesses. Pictured: Met Police headquarters Scotland Yard
‘Emma’ said: ‘I never thought the police would let me down this badly and can’t understand why it’s 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.’
She added: ‘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.’
One time officers arrived to find ‘Emma’ , who was pregnant at the time, holding her stomach and crying. She told officers that her husband had punched her in the belly (picture posed by models)
Gus Silverman, the specialist human rights lawyer at Irwin Mitchell representing ‘Emma’, said: ‘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 she 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.’
A Home Office review last month found ‘widespread investigative failings’ by police forces including the Met in relation to complaints of rape.
It said investigators lack ‘sufficient specialist knowledge about sexual offending.’
The review found 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.
Last year the Metropolitan Police was placed in special measures by HM Inspectorate of Constabulary, which found ‘not all reports of rape are correctly recorded’.
It also said the force had a high proportion of inexperienced staff and lacked effective supervision.
The crowdfunder launched yesterday on Crowdjustice, and ‘Emma’ is hoping to raise the money by February 3.
She has already received nearly £100 in donations as of around 11am this morning and a supporter told the alleged victim: ‘I admire your courage.’
DailyMail
