England: CPS in the dock after another rape prosecution collapses

Oliver Mears, 19, a student at Oxford University, was on bail for two years after he was accused of raping a teenage woman after a party in 2015.

Mr Mears said the sex was consensual but the Crown Prosecution Service charged him with rape.

He was on bail for two years.

Last week, however, prosecutors dropped the case after a different lawyer looked at the evidence and the woman’s diary, which provided material supporting Mr Mears’ account.

Judge Jonathan Black at Guildford Crown Court criticised the police and CPS over delays.

He said: “Both Oliver Mears and the complainant have had this matter hanging over their heads for two years in circumstances, had the investigation been carried out properly in the first instance, would not have led to this position.”

The CPS was ordered to explain what had gone wrong in writing within 28 days.

Surrey Police said in a statement: “We accept that there were flaws in the initial investigation. It was not expedient and the investigator did not examine the victim’s digital media during the initial stages of the investigation or follow what we would consider to be a reasonable line of enquiry.”

Mr Mears suspended his degree in chemistry at St Hugh’s College as a result of the charge. He had pleaded not guilty.

A CPS spokesman said: “We keep all cases under continual review. Following a review of this case, prosecutors were not satisfied there was a realistic prospect of conviction as the evidential test set out in the Code for Crown Prosecutors was not met. We therefore decided to offer no evidence.”