WOMAN WHO FALSELY ACCUSED MAN OF RAPE HAS PRISON SENTENCE CUT ON APPEAL
A woman who falsely accused a man of rape in an act of revenge has successfully appealed to reduce her prison sentence.Susan Stewart, aged 35, was sentenced to 14 months in jail by Aberdeen Sheriff Court in October for wasting police time.
The court was informed that Stewart claimed she was sexually assaulted by a man after a Christmas night out in Fraserburgh, Aberdeenshire, on December 16, 2018.
Sheriff Ian Wallace heard how she fabricated the story after learning that he was more interested in dating her cousin.
According to the court, Stewart texted the man saying, “well, we will see what the police have to say,” after discovering he had visited her relative.
She then visited a police station to give a statement, leading to an investigation.
Sheriff Wallace explained that, given the circumstances, a custodial sentence was the only appropriate punishment.
Stewart’s legal representatives challenged this, appealing to the Court of Criminal Appeal in Edinburgh, arguing that her imprisonment was a miscarriage of justice.
Advocate Sarah Loosemore told the appeal judges, Lord Woolman and Lady Wise, that Sheriff Wallace could have imposed a non-custodial sentence instead.
The appeal court concluded that Sheriff Wallace was correct in his decision to imprison Stewart but found the length of her sentence excessive.
The jail term was reduced to nine months.
Lord Woolman stated that the sheriff considered Stewart’s conduct to be flagrant and noted her lack of remorse, as well as the impact on the victim’s personal and family relationships caused by her false allegations.
He added, “We agree with the sheriff in this case that a custodial sentence was appropriate.
However, the sentence will be reduced to nine months.” Prosecutor Lucy Simpson said Stewart contacted police on January 18, 2019, claiming that the man had raped her over a month earlier.
Ms Simpson explained that Stewart told police she had met the man at a licensed venue in Fraserburgh, where he persistently tried to buy her drinks, dance with her, and exchange contact details, attempting to arrange a date.
She alleged that the man convinced her to go to his house, claiming there was a party, but upon arrival, she realized there was no celebration.
Stewart then reported that he raped her there.
Due to the serious nature of her claim, a sexual offences liaison was involved, and a thorough investigation commenced.
A detailed statement was taken and reviewed with her, and she confirmed its accuracy.
Police arrested the man on January 22, 2019, and he immediately asked to see his phone.
Detectives found messages from Stewart indicating she was pursuing a relationship with him, though these messages also revealed a disagreement on the day she made the rape allegation.
The messages showed her disapproval when she discovered he had been to visit her cousin.
When he refused to stop contacting her relative, she sent a message suggesting she was waiting to see what the police would say.
Later that day, she reported the rape.
The case involved a significant police effort due to the high-profile sexual offence investigation.
While in custody, the actual victim filed a complaint about Stewart’s false rape allegation.
On Tuesday, Ms Loosemore argued that Stewart’s prison sentence was a miscarriage of justice, asserting that Sheriff Wallace should have imposed a non-custodial penalty because she was a first-time offender and the offence was not severe enough to warrant jail.
She also highlighted that Stewart cares for a child born in January 2022 with Down’s Syndrome, pointing out that a 14-month sentence is particularly long for a child who was only nine months old at the time.
Ms Loosemore acknowledged Stewart’s responsibility and that the matter was serious.
The appeal court also ordered Stewart, who had been granted bail earlier this year, to surrender herself to a police station to serve her reduced sentence.
