The Crown Prosecution Service has issued a 12-week consultation on its new guidance over when to prosecute people who retract allegations of rape or domestic violence.

The interim guidance, which is effective from today, applies in cases where a complainant of rape or domestic violence retracts an allegation, and could face a charge of perverting the course of justice.

Director of Public Prosecutions Keir Starmer QC said the guidance will make it less likely that individuals who retract truthful allegations out of fear will be prosecuted, but those who make malicious false allegations should know that they risk prosecution.

The guidance indicates that a prosecution is more likely in certain circumstances. For example: where a false complaint was motivated by malice; the suspect in the original allegation was charged, remanded in custody, tried, convicted or sentenced; or where the suspect was vulnerable or suffered significant damage to their reputation.

Factors that would make a prosecution less likely include: where the original allegation was not motivated by malice; the person retracting the allegation has been threatened or pressurised into doing so; there is a history of abuse, domestic violence or intimidation and where the suspect of the original allegation was not charged, detained or convicted.

In determining whether there is sufficient evidence for a realistic prospect of conviction, prosecutors are told to consider whether the prosecution can prove an allegation was untrue.

If there is any doubt on this, the guidance says a charge of perverting the course of justice cannot be brought.

The consultation comes as part of a series of improvements, announced in December, to improve the quality and consistency in the way the CPS handles rape cases.

Starmer said: ‘These are very difficult cases which need to be handled carefully and sensitively.

‘Our interim guidance aims to protect individuals who retract a truthful allegation as a result of pressure or fear of violence, while taking a firm approach to those who make a malicious allegation against an innocent person,’ he said.

Chief executive of Victim Support Javed Khan said: ‘Rape and domestic violence are seriously under-reported crimes where victims can sometimes be intimidated into retracting true allegations.

‘The consultation is a really welcome move demonstrating that the CPS is taking the issue seriously. We must be careful not to create any new or bigger obstacles, either directly or indirectly, that stop victims of rape and domestic violence from coming forward and reporting.’

The consultation closes on 6 May 2011.

The interim guidance is available at the Crown Prosecution Service website.