Mother spared jail in false rape claim

A young Shropshire mother-of-three, who falsely claimed she had been raped by her partner, has been spared a jail term.

Kirsty Smith, 23, was given a suspended prison sentence yesterday after the court heard she had been involved in an abusive relationship.

Judge Robin Onions told Smith that custody was the normal sentence for this type of offence which undermined the cause of true rape victims.

However, he said he could take an exceptional course and suspend the sentence due to the failure of the prosecution to provide a full background, the delays in the case and because of Smith's three young children.

In June, Smith, of Meadow Road, Newport, had admitted perverting the course of justice by making a false allegation of rape against Shane Chetwood in January last year when she was six months pregnant.

At Wolverhampton Crown Court yesterday, Smith was given 52 weeks in jail, suspended for two years, placed on supervision for a year and ordered to complete 150 hours unpaid work in the community.

Judge Onions criticised the prosecution for failing to provide the independent evidence he had asked for about a background of domestic violence which had been identified as a factor in the case.

He said that police logs showed a pattern of complaints suggesting an abusive relationship dating back more than two years.

Mr Paul Smith, defending, said his client had just wanted Mr Chetwood away from her when she made the false allegation.

Mr Oliver Woolhouse, prosecuting, said that last year Mr Chetwood had left Smith in the centre of Newport after a dispute over a pet's name.

He said the relationship was strained and difficult, but on January 31 the couple had consensual sex. Later that day Smith went to police to complain she had been assaulted and raped and Mr Chetwood was arrested and held for 24 hours before being released on bail.

However, on February 6 Smith had contacted police to withdraw the allegation, but was told Mr Chetwood might still be prosecuted.

Mr Woolhouse said that a week later Smith admitted to police that she had made up the rape allegation out of spite because Mr Chetwood had told her he had another girlfriend.

By Arthur Mills