The Challenge of Prosecuting False Accusers of Domestic Abuse

By Michael Thompson, Founder of the Falsely Accused Network

At the Falsely Accused Network, we provide support to individuals across England and Wales who have been devastated by false allegations of domestic abuse.

One question arises time and time again:

"If the allegation was false, why isn’t the accuser prosecuted?"

The answer lies in the significant legal and practical barriers that exist when attempting to secure a conviction against someone who has made a false allegation.

First and foremost, the criminal standard of proof is exceptionally high. To convict a person of an offence such as perverting the course of justice or wasting police time, the prosecution must prove beyond reasonable doubt not only that the allegation was false, but that it was made knowingly and intentionally. It is not enough to establish that the allegation was inaccurate or mistaken. The courts require clear evidence that the individual deliberately sought to mislead the police and the justice system.

Secondly, proving a person’s state of mind — their mens rea — is notoriously difficult. Accusers who are challenged about inconsistencies or fabrications in their accounts frequently claim to have been confused, traumatised, or fearful. They may assert that, even if the objective facts did not support their claim, they genuinely believed they were victims. Without strong, independent evidence — such as an unequivocal recorded confession, CCTV footage disproving their account, or demonstrable lies — the prosecution is unlikely to meet the necessary evidential threshold.

Thirdly, public policy considerations heavily influence these decisions. There is a profound reluctance to prosecute individuals who allege abuse, in case doing so may deter genuine victims from reporting genuine crimes. As a result, the Crown Prosecution Service (CPS) will often decline to proceed unless the falsehood is particularly blatant and the public interest in bringing a prosecution is overwhelming. To be crystal clear Falsely Accused Network believes every false accuser should be prosecuted if there is enough evidence to support a prosecution.

Finally, resource constraints within the criminal justice system cannot be ignored. Investigating and prosecuting allegations of perverting the course of justice requires extensive time, specialist resources, and court time — all of which are already under considerable strain. As a result, cases of false allegations are often deprioritised unless they involve significant public harm or very serious consequences for the falsely accused.

Nevertheless, it is vital to recognise the profound damage that false allegations inflict — not only on the individuals falsely accused but also on the credibility of genuine victims of abuse.

At the Falsely Accused Network, we advocate for a fairer, more balanced approach. Deliberate falsehoods must not be tolerated. Those who maliciously weaponise the justice system for personal gain should be held accountable, through the criminal courts where appropriate.

If you have been affected by a false allegation of domestic abuse, we encourage you to contact the Falsely Accused Network.

You are not alone, and support is available.

www.falselyaccusednetwork.co.uk or email support@falselyaccusednetwork.co.uk

Michael Thompson

Founder, Falsely Accused Network