Originally posted by Ghost biscuit
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If you have the time to read through this website there is a lot of guidance for prosecutors as whether to charge or not in various scenarios:
http://www.cps.gov.uk/legal/p_to_r/r..._and_soa_1956/
One paragraph I noticed:
Code for Crown Prosecutors - considerations
A prosecution will usually take place unless there are public interest factors tending against prosecution which outweigh those tending in favour. Rape is so serious that a prosecution is almost certainly required in the public interest.
Edit to add it is a bit difficult to define what is in the public interest; an example they give is if the two participants are both minors and the activity is consensual then prosecuting them would not be in the public interest
Also I think the 51% criteria of the likelihood of winning the case takes precedence over the public interest factor
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