Eleanor Poppy Miranda de Freitas (26 June 1990 – 4 April 2014) was an English woman who committed suicide three days before the commencement of her trial for perverting the course of justice for allegedly making a false accusation of rape.
From a legal perspective, the case was notable due to the use of a private prosecution (relatively uncommon under English law) and, subsequently, the first successful employment of a public interest defence to a charge of defamation.
[7][8] After successfully challenging her detention at a Mental Health Review Tribunal and being released, de Freitas began living alone with support from her parents and working part-time in a branch of The Body Shop on King's Road in Chelsea.
After they parted company Economou performed Internet searches, and as a result of what he found, told de Freitas via a telephone call not to contact him.
[8] A psychiatric report prepared for the Crown Prosecution Service stated that de Freitas was fit to stand trial but required constant evaluation as she posed a "chronic and significant" suicide risk.
[4] Following de Freitas' suicide, her father David criticised the decision to prosecute her, stating, "We can see no reason whatsoever why the CPS pursued Eleanor.
[10] De Freitas had been concerned about having to testify in her defence in court; delays by the Crown Prosecution Service in providing a record of her interview with police to her defence solicitor meant they were unable to confirm that she would not be required to testify until the morning of her death (a court order requiring the Crown Prosecution Service to disclose all evidence at least six weeks prior to the trial was not complied with).
[30] The charity Inquest cited statistics showing "no country pursues the prosecution of disbelieved rape complainants with the frequency that occurs in Britain".
"[33] Writing in The Critic in February 2022, Julie Bindel stated that "the CPS is advised to exercise extreme caution when deciding whether to prosecute on suspicion of making a false allegation, especially if the person is vulnerable or if it is unclear whether the accusation was made maliciously".
"[35] In November 2014, Member of Parliament Geraint Davies referenced "the Crown Prosecution Service supporting the charges against Eleanor de Freitas of false allegations of rape that resulted in her suicide" during a discussion on the Wanless Review in the House of Commons, asking Home Secretary Theresa May "what assurances can the Home Secretary give to victims of public figures who abused them that the [Crown Prosecution Service] will not pursue counter-claims against them that might lead to deterrence or, indeed, their suicide?"
"[36] In the 2019 publication Personal Participation in Criminal Proceedings, Dr. Kate Leader wrote that the case "has drawn attention to the issues that can arise from private prosecutions".
The Centre for Women's Justice provided written evidence to the inquiry in which it stated "Eleanor, for example, was never interviewed as a suspect; she sat in the dock without having ever been arrested, or her rights explained to her as a defendant, and without having had the opportunity to respond to the allegations against her.
"[38] "Having considered the detail and the issues raised by the family, I am satisfied that the decision making in this case was correct and that it was made in accordance with our policies and guidance.
This was evidence including text messages and CCTV footage that directly contradicted the account Ms de Freitas gave to the police.
[4][28] In December 2014, Saunders concluded that it had been correct to do so, stating that there was "sufficient evidence for a realistic prospect of conviction" and "a strong public interest in prosecuting".
[21][39] After de Freitas' father David called for a new inquiry or a review to be carried out, in June 2018, Attorney General for England and Wales Jeremy Wright decided not to order an independent inquiry into the decision to prosecute, stating, "I have carefully considered the concerns raised by Mr de Freitas and I am satisfied that this case has already been subject to extensive scrutiny within the CPS, and that it was right for the prosecution to go ahead.
[52] Whilst David de Freitas's public interest defence was not directly challenged in the Supreme Court, it was examined at some length in the defamation appeal in Serafin v Malkiewicz and others.
[54] The BBC issued a retraction and apology in May 2015 after Lisa Longstaff of Women Against Rape indirectly referred to Economou as a "rapist" while being interviewed on a live episode of Victoria Derbyshire.
[56] Economou was found not guilty in June 2016, with the judge stating, "I find that the defendant's actions were calculated to counter the continuing incorrect assertions that the allegation of rape was true".
[9][16][57] In November 2018, Economou received £10,000 (equivalent to £12,859 in 2023) of compensation from the Metropolitan Police Service, in connection with its investigation of the initial complaint made by de Freitas.