What will the Crown Prosecution Service consider when deciding to charge someone with a sexual offense?
With regard to these types of offences it would normally be a case where the victim consents to forensic examination which would prove whether or not sexual contact had been made. What therefore is disputed a lot of the time is whether or not the victim consented to the contact which had been made. What is important to note is that consent once given can also be withdrawn at any time. In terms of the CPS charging an individual with sexual assault, the issue of consent would be considered from the viewpoint of the victim, ie in their statement are they saying that they consented, did not consent, or withdrew consent?