A legal challenge has been launched after the CPS decided not to charge a man who admitted filming a naked woman while she was unconscious.
Emily Hunt, 39, claims she was raped by the man in 2015 and woke up in a hotel bed next to him without her clothes on.
She said she last remembers having lunch with a friend five hours earlier, and felt like she had been drugged.
She reported what happened to police and the 35-year-old man was arrested but not charged after the Crown Prosecution Service said there was not enough evidence.
The Centre for Women’s Justice (CWJ) said the decision not to prosecute was made after a ‘flawed investigation’ by police.
A year after the alleged attack police revealed the man had taken a 62 second video of Emily, in Hackney, east London, lying face down on the bed so he could ‘masturbate to it later.’
In his statement, he also admitted to knowing he did not have her consent, and that Emily would be upset if she had woken up.
Voyeurism – observing or recording an individual doing a private act for sexual gratification without gaining their consent – is illegal and can carry a sentence of up to two years imprisonment.
But the CPS told her you consent for someone to see you naked and film you by ‘extension’ when you have sex with them, according to The Times.
They also told her that she ‘did not have a reasonable expectation of privacy’.
No, the CWJ have launched a judicial review against the Director of Public Prosecutions (DPP) on Emily’ behalf to prosecute her alleged rapist.
Despite an outcry by women’s group and Emily gaining cross-party political support, the CPS have stood by their decision not to prosecute.
She has now launched a crowd justice campaign to raise the money needed to launch the legal proceedings.
She said: ‘The only way to keep this from happening to anyone else in the UK, is to make sure that CPS prosecutes these cases.
‘They can’t just decide to not read the law as written and ignore the government’s advice on what the law intended when it was passed.
‘That is why I’m taking them to court to force the issue.’
Recent figures have shown there was a 23% drop in the of rape cases taken on by the CPS in the 12 months to 2017-18.
However, this was in spite of the police recording a 16% increase of rape in the same period.
Responding to the judicial review, a spokesperson for the CPS said: ‘Sexual offences are some of the most complex and challenging cases we prosecute and we will not hesitate to bring a case to court where there is sufficient evidence and it is in the public interest.
‘We never take lightly the decision to stop a prosecution as this can have a significant impact on a complainant.
‘But if a case is reviewed and found not to satisfy our legal test then we cannot continue it.’
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