Rethinking Reasonableness in Rape Prosecution: Lessons Learned in the Search for ‘End to End’ Justice in England and Wales

Across several legal jurisdictions, the history of rape investigation and prosecution is one replete with points of crisis and condemnation, leading to high‐profile reviews and reform. This article draws on original data that explores prosecutorial processes and decision‐making in the context of a recent improvement initiative in England and Wales, known as ‘Operation Soteria’. Though identifying some signs of progress in the context of this initiative, the authors focus on decision‐making in respect of lines of investigative enquiry, belief in consent and prospects of conviction to highlight the malleability of the thresholds of reasonableness upon which case progression is determined. Demonstrating that misconceptions about sexual violence and assessments of evidence based on privileged perspectives too often continue to inform the processes and outcomes of prosecutorial engagement, the article reflects on the prospects for rape justice.