How the legal test for crimes can be a bar to justice for rape victims

Analysis: Prosecutors’ code and jury trials are driving intrusive demands for rape victims’ phones and personal records

Half of alleged rapists put on trial in England and Wales are acquitted (Getty)

“Prosecutors must be satisfied that there is sufficient evidence to provide a realistic prospect of conviction.”

That is the statement underpinning the Code for Crown Prosecutors, which governs whether charges are brought for crimes reported in England and Wales.

They must not only consider evidence that an offence was committed, but also “what the defence case may be, and how it is likely to affect the prospects of conviction”.