A STUDENT who reported she had been raped was told her alleged attacker would not face court action due to a police decision, it has been revealed.

Josie Jolley, an “extremely bright” PhD student at the University of Sussex, took her own life in September last year, nine months after she had reported being raped in London in December 2019.

An inquest into the 25-year-old's death at Brighton Coroner's Court heard Josie had contacted police in Sussex and had been interviewed by officers at the Metropolitan Police, who had passed the case to the Crown Prosecution Service (CPS).

It was heard at the inquest on Wednesday that the CPS had decided not to take the case to court.

However, it has since been revealed that the case was not ever passed to the CPS, and the decision not to prosecute the suspect – a 50-year-old man – was made by police.

A spokesman for the Met confirmed no report of the case was passed to the CPS.

He said: "On December 1, 2019, the Metropolitan Police received a referral from Sussex Police following an allegation of rape from a woman aged in her 20s.

"The allegation related to an incident in Victoria, SW1, in the early hours of December 1, 2019.

"Specially trained officers spoke with the woman and supported her throughout the investigation.

"A 50-year-old man was identified and arrested on suspicion of rape.

"However, following a thorough investigation of all the evidence available to police, a decision was taken that there would be no further action.

"This outcome decision was explained to the woman who made the allegation."

Speaking at the inquest, DI James Meanwell of Sussex Police said it is "one person’s word against another’s" and CCTV footage of Josie holding hands with the alleged attacker on the same evening would "undermine" a prosecution.

He said: “The burden of proof is quite high in criminal court and that’s where the issue is.

“In this case she was saying it was non-consensual and the suspect was saying it was consensual.

“They had met for the first time that evening.

“There was CCTV footage from the location, but no footage from the actual area of the offence.

“There was CCTV footage of them holding hands, which would be undermining for a prosecution to take place.”

The court heard Josie's mental health had suffered in the months after she had reported being raped and she was experiencing low moods, reduced concentration and poor sleep.

Speaking at the inquest, one of Josie's oldest friends said she thought it was something her friend "could not get over" while director for student experience at the university Jayne Aldridge said Josie had reported "feeling like she could smell the man who had raped her and could not think straight".

In July last year Josie scored very highly on two questionnaires for depression and anxiety, provided through her GP.

The university health service did encourage Josie to have counselling sessions but she had declined, the court heard.

She was found dead by two friends at her home in Stanmer Park Road in Brighton on the evening of Tuesday, September 8.

Katie Russell, national spokeswoman for Rape Crisis said holding hands "never has and never could amount to consent to sex".

She said: "Rape and sexual assault are traumatic experiences that can and do have long-term, wide-ranging and severe impacts on victims’ and survivors’ mental, physical and emotional health and wellbeing, their relationships and their wider lives.

"Depression and anxiety are common impacts of going through something like this, as are suicidal thoughts, feelings and attempts.

"Our sincere condolences go out to Josie’s family and friends.

"We encourage anyone whose life has been impacted by sexual violence or abuse to find information and specialist, confidential support at rapecrisis.org.uk.”

If you have been affected by this story, the Samaritans charity has a free helpline you can call on 116 123, which is open 24 hours a day, 365 days a year.