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 not to 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. On the specific incident in question the woman consented on the clear understanding that the man would not ejaculate within her vagina. The ruling said: “She believed that he intended and agreed to withdraw before ejaculation. (He) knew and understood that this was the only basis on which she was prepared to have sexual intercourse with him. “In short, there is evide