More than 130 lawyers and women’s charities have signed a letter calling for family court judges to be trained “on the meaning of consent” after a judge ruled a woman was not raped because she took “no physical steps” to stop her attacker.
The letter to justice secretary Robert Buckland and family courts president Sir Andrew McFarlane – which has been seen by the BBC – has been signed by Women’s Aid, Rape Crisis for England and Wales and victims’ commissioner Vera Baird.
It claims that Judge Robin Tolson is among a number of family court judges with “outdated views” that mean the courts are “no longer seen as a safe place for women who have been abused”.
During family court litigation overseen by Tolson, a man asked to be allowed to spend time with his son, who was cared for by his ex-partner.
But the woman objected and said the man had been controlling and raped her.
As part of the case, Tolson concluded that because she had “taken no physical steps” to stop the man, “this did not constitute rape”.
The woman, who lost the case at the time, has since successfully appealed.
Ms Justice Russell – who ordered a new case – has also called for family court training on how to make decisions about cases where serious sexual assault allegations have been made.
The UK Judiciary told the BBC that “enhanced training” will be introduced from May 2020, with family court judges given training similar to that already given to criminal judges
More Information:
Rape Crisis services for women and girls who have been raped or have experienced sexual violence - 0808 802 9999
Survivors UK offers support for men and boys - 0203 598 3898