Family Law Prof Blog

Editor: Margaret Ryznar
Indiana University
Robert H. McKinney School of Law

Saturday, February 22, 2020

Family courts not safe for domestic violence victims, lawyers say

From The Guardian

The family courts are not a safe place for victims of domestic violence because some judges there hold “outdated views” on sexual violence and issues of consent, according to a letter signed by 130 lawyers and professionals.

The public intervention comes in response to a widely criticised judgment last year by Judge Robin Tolson QC in the family court, in which he ruled that since a woman had not taken physical steps to stop her partner from assaulting her it did not constitute rape.

Last month, Tolson’s decision was overturned by the high court. Ms Justice Russell said the judge’s approach towards the issue of consent was “manifestly at odds” with current jurisprudence.

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