not enough evidence.

[SlainteBooyFeckingHoo]

ok i know this is soapland but i have read enough on MN alone to know that this happens ALOT with rape cases. so here goes.

on emmerdale lisa has just been told that the CPS thought there was not enough evidence to secure a prosecution for her rapist. does this mean that she has no say in whether it goes to court? can she appeal the decision and push for it to go to court despite teh chance of conviction being so low? or do the CPS have overall say in whether it makes it to court?

If it doesn't pass the thresh hold test of having enough evidence and it being in the public interest, there will be no prosecution by CPS. There could be a private prosecution though.

what does a private prosecution entail?

You only have to prove that it happened "on the balance of probabilities" and not "beyond all reasonable doubt" so in theory it is easier to prove.

ah right, so would the police have nothing to do with that prosecution? how would she get it to court?

Sorry above is for civil proceedings as private prosecutions are rare and can still be overridden by CPS. Someone with far more knowledge will explain it better in a minute!

You can pay for a private prosecution and still rely on witnesses (including police) if the information is available.

The more likely scenario with a rape is to pursue damages in the civil courts rather than criminal where the test is lower.

The CPS apply a test- a threshold test is only if the accused is to be kept in custody. The threshold test is an easier test to pass than the full code test, which is the test that must be applied within a resonable, and definable, period of time. The threshold test anticipates that further evidence will be available within a period of time (eg forensic evidence), and when it is the case is reviewed. It allows, if passed, bail to be denied until a Court hearing decides the issue.

The full code test requires that the case have a "realistic" prospect of conviction. Usually that will require some evidence other than the statement of the Complainant, be that forensic (usually medical), confession, other witnesses, etc. It will also have to be in the public interest, although it is difficult to think of a case where the public interest would not be served by a prosecution, if the evidential test was passed.

Private prosections are different, as outlined above, and very rare in real life.

I would say in the CPS' defence that any rape case is looked at by two specially trained prosecutors before the decision is made. Every case really is looked at very seriously (rightly so).

Don't watch emmerdale, what's teh actual storyline out of interest?

thanks scurry and bells.

storline is that lisa was raped by a work colleague whilst both were alone doing overtime. out of fear that she wouldn't be believed (this colleague had befriended her family) she kept quiet until he started getting close to anotehr female friend and female friend was going to be alone with him at work. lisa spoke out and involved the police.

Here's the CPS policy document on prosecuting rapes. That may clarify a few issues for you, SBFH.