Not enough evidence?

[Indespair]

We are desperate to prove my partners innocence, but the best outcome for us would be a NFA so we can try our hardest to forget about it even if it is on his record.
The thing that really scares me is that they had consenual sex and she reported it within an hour or two, so they would have done an examination on her, will this definitely go to court or has anyone heard of a NFA case of consenual sex?

[YearsOfHell]

Some do, some don't!
There really is no point trying to second guess.
And as you will not be privy to any statement that the FA has made until a trial (if there is one) then there's not much you can do.
I know we moan and complain about police and CPS but they do really have to have a case to send it to court. Sometimes the complainants word is enough but if she/he is not a credible witness in their eyes the case may not proceed.
There's so many factors when they make a charging decision.
My OH had 2 FAs (friends) but one said it was during a consensual relationship, and the case was NFAd on both FAs.
Please try and take five minutes.
It's so hard I know, it's all consuming but be strong.
Your partners not been charged and it could still be NFA.
Hang on to that, it's a long long wait in the meantime!
YoH

[Indespair]

It's hard to no try and work out what's coming, I feel like I'm slowly getting there and trying to be optimistic but he's still at the bottom trying to figure out what's the point in carrying on, it really scares me, I'm asking he seeks a little help for his mental health but it's still very sore.
I'm just grateful for people like you who have stuck around to help the rest of us!
Thank you

[Lucky]

Sorry to say it, but you're asking the impossible question.

So hard to say what happens, as it really seems a lottery almost when it comes to charging.

If your issue is based around consent, then I think it normally does go down to a jury to decide if consent was given, because it is one persons word against another.

the evidence is not really relevant, as both sides accept to having sex. its just what they say, so that's a matter for a jury really.

[joe_3178]

Not sure that if it's about consent only it normally goes to a jury. I think it's rare that it is ever simply one persons word against another, there is usually other factors that would be taken into consideration about the events. For example, the circumstances of how they met (think of ched Evans for example who only met the person he was arrested for in the early hours of the morning in someone else's hotel room -as I understand it).a lot of cases do get NFA because the CPS cannot bring every allegation to trial, they need to feel there is a solid case which sometimes people describe as being at least a 51% chance of getting a conviction. If they feel the case is weak/flimsy then NFA.

[Rights Fighter]

Sorry Joe, but that is wrong. I've been to trials and worked on appeals where the guy has been charged on no evidence at all, apart from the word of the complainant.

There are two questions in these cases, which are:

Did it happen?

Was there consent?

It is up to the jury to decide whether it happened, if the def denies it happened at all, and if he admits it happened, but she / he gave consent, then it is up to the jury to decide whether she//he did consent, or not.