Recently, Women’s Aid told the BBC that in their view the Family Courts were not “safe spaces for domestic and sexual abuse survivors”, following a Family Court ruling on the nature of consent in the context of a rape allegation. The background was that in 2018 a father applied to the Family Court for a contact order with his children, in defence of which the mother alleged, inter alia, that the father had raped her. The Judge at first instance dismissed the rape allegation because the woman did nothing physically to prevent her former partner penetrating her. The woman appealed for several reasons and on appeal. Ms Justice Russell, sitting in the High Court, upheld the woman’s complaint and ordered a retrial.
Continue reading Domestic Violence – No Means No! – H v F [2020] EWHC 86 (Fam)
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