A woman who agreed to sex might still be the victim of rape, the High Court has ruled.
The most senior judge in England and Wales and two other judges said there was consensual penetration, but the man behaved aggressively and ignored the woman’s demand that he not ejaculate.
The woman had challenged a decision not to prosecute the man for rape and sexual assault.
The judges have ordered prosecutors to review their decision.
Prosecutors had decided not to charge him as it would be “impossible to prove” that the man’s decision was not “spontaneous” and “made at the point of ejaculation”.
‘Control over her’
Handing down a written ruling, the three judges said the man had been controlling and aggressive during sex.