I genuinely don't understand this. It seems to suggest that the CPS don't want to outlaw the "rough sex gone wrong" defence?
There is existing case law which says that you cannot use consent as a defence to serious injury, but court decisions since have diluted its effect. We (WCCTT) have said throughout that case law is not up to the task it is being put to.
The CPS have said in this UNBELIEVABLE letter that because the courts seem to want to overturn that case law, the CPS will not prosecute this case because the man will likely win, and be able to say the woman consented.
And because there will be lengthy evidence in court of the sex and violence she is supposed to have consented to (the CPS are currently right on this latter point).
We are asking for law change - so for parliament to make the law clear on "rough sex" defences, rather than leaving it to the courts, and this CPS letter shows why this is needed.