An Aberdeenshire woman who falsely accused a man of raping her in an “act of revenge” has won a legal bid to cut her prison sentence.
Susan Stewart, 35, was given a 14-month-long jail term at Aberdeen Sheriff Court in October 2022 for wasting police time.
The court heard how she told detectives she had been sexually assaulted by a man following a Christmas night out in Fraserburgh, Aberdeenshire, on December 16 2018.
But Stewart had actually concocted the story after her alleged attacker told her he was more interested in dating her cousin.
Sheriff Wallace told the first offender that the circumstances of the offence meant a custodial term was the only sentence that could be imposed in the circumstances.
But appeal judges have ruled that Sheriff Wallace’s jail term was too long, given the circumstances of the case, and they reduced the sentence to nine months.
Lord Woolman said: “The sheriff considered the appellant’s behaviour as fragrant. She has not expressed remorse.
“He also considered the impact on the complainer who said that his personal and family relationships were affected by this arrest.
“We agree with the sheriff in this case that a custodial sentence was appropriate, however, the sentence will be reduced to nine months.”
‘Miscarriage of justice’
Lawyers for Stewart went to the Court of Criminal Appeal in Edinburgh to argue that sending their client to prison amounted to a “miscarriage of justice”.
Advocate Sarah Loosemore told appeal judges Lord Woolman and Lady Wise that Sheriff Wallace could have dealt with Stewart by imposing a non-custodial term on her.
However, the appeal judges ruled that Sheriff Wallace was correct in his assessment that Stewart had to be sent to jail.
Stewart, of Fraserburgh, pled guilty to a charge of wasting police time earlier this year at Aberdeen Sheriff Court.
Sheriff Ian Wallace had previously heard how when Stewart discovered the man had visited her relative, she texted him to say, “Well, we will see what the police have to say”.
She then went to a police station and gave a statement to detectives who launched a probe soon afterward.
Depute procurator fiscal Lucy Simpson said Stewart contacted police on January 18 2019 and told them the man had raped her just over a month earlier.
Ms Simpson said: “She stated she had met him by chance within a licensed premise in Fraserburgh and that he had pestered her by repeatedly trying to buy her drinks, attempting to dance with her and attempting to exchange telephone numbers with her, so that they could arrange a future date.
“She stated that he eventually persuaded her to walk with him to his house where he told her there was an ongoing party.
“She alleged that he duped her into attending his home address and that when she got there, she realised that there was no party.
“The accused reported that he raped her there.
“Given the nature of the allegation made by the accused, a sexual offences liaison officer was deployed and a high-priority sexual offences inquiry was instigated.
“A comprehensive statement was noted and read back to her. The accused agreed that the content of her statement was accurate.”
Police cautioned and arrested the man on January 22 2019 and he immediately “pleaded with officers” to look at his phone.
Detectives then discovered incriminating messages sent from Stewart to him.
The court heard how the content of the messages suggested that Stewart had been “actively pursuing” a relationship with the man at the time.
However, the messages also revealed there was a disagreement on the same day she made the rape allegation to officers.
Ms Simpson said: “The accused discovered the man had been to visit her cousin.
“When the accused told him to stop contacting her cousin and he refused to do so, she sent him a message which read, ‘Well, we will see what the police have to say.
“She attended at the police station a few hours later and reported the rape.”
The court was told the allegations prompted a “serious sexual offence inquiry that placed a high demand on police resources”.
Her victim, while in police custody, made a complaint about Stewart’s false allegation of rape against him.
‘Miscarriage of justice’
On Tuesday, Ms Loosemore told the appeal court that the prison term was a “miscarriage of justice”.
She said Sheriff Wallace was under a legal obligation to sentence her client to a non-custodial term.
This was because Stewart was a first offender and the circumstances of the offence weren’t grave enough to merit jail time.
The court heard that Stewart cared for a child who was born in January 2022 with Down’s Syndrome.
Ms Loosemore added: “A 14-month sentence is a very long time in the life of a child who was just nine months old at the time of the sentence.
“She does accept responsibility and accepts that it is a serious matter.”
The appeal judges also told Stewart, who was given bail earlier this year, that she’d have to surrender herself to a police station to begin her sentence.
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