It is an interesting but difficult dilemma in which to strike the balance between a thorough and transparently fair justice system which takes a proactive investigative approach, and creating an environment that allows genuine victims to come forward.
A genuine, traumatised rape victim is going to find it prohibitively challenging to come forward if they know that they will be investigated as much as the accused should a clear "evidential bar" not be reached. And how often and easily can that be reached in such cases? Investigating the evidence around the alleged crime is one thing, the complainant's life quite another.
It makes more sense to me - and protects genuine victims - if the accused when not prosecuted and where a genuine victim themselves, reports the complainant to the Police. Then the evidence for the originating complaint can be investigated and taken as far as necessary.
Of course this person needs to be very sure themselves of their innocence or they in turn could be prosecuted for the original offence, or perverting the course of justice!
