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Feminism: Sex and gender discussions

Judge finds rape isn't rape unless the victim physically resists

29 replies

Equanimitas · 23/01/2020 08:17

Fortunately this judgment puts that right, but WTF?

In brief, man with appalling history of violence within and outside the relationship, including domestic abuse in two previous relationships goes to court for child arrangements order after latest partner leaves. He isn't represented, mother's lawyer applies for leave for her to give evidence behind screens, judge decides it is somehow better for her to give evidence from counsel's row. He then decides the father should also give evidence from there, where he also allows father to be assisted by a McKenzie's friend when being examined - contrary to all accepted rules of evidence. Mother is distressed, on his own admission the judge couldn't hear chunks of what she said, and he then finds that he prefers the father's evidence in court because of his demeanour.

There were various threatening texts sent by the father to the mother, including one to the effect that "If you don't shut up I will stick my cock up your ass". The judge said that was probably just sexting, although even the father didn't put that forward as an explanation.

The worst of it comes from paragraph 34 onwards. There were a number of instances where the father raped the mother, it's accepted that she said No, but the judge finds against her because she could have done something physically to make it more difficult for this man to rape her. The appeal judgment refers in fairly restrained terms to the judge's outdated views, but it's fairly plain that the appeal judge is pretty appalled - e.g. this statement:

"This is a senior judge, a Designated Family Judge, a leadership judge in the Family Court, expressing a view that, in his judgment, it is not only permissible but also acceptable for penetration to continue after the complainant has said no (by asking the perpetrator to stop) but also that a complainant must and should physically resist penetration, in order to establish a lack of consent."

Unsurprisingly, the entire finding is set aside, and the judgment includes a recommendation that Family Court judges should get training on dealing with cases involving allegations of sexual offences. I really hope that the original judge is now the subject of some very serious investigations into his fitness to continue in office.

OP posts:
BadgertheBodger · 23/01/2020 08:50

Absolutely horrific. That poor woman. It’s hardly a surprise that rape convictions are so low if this is the sort of thinking in the judiciary. God it makes me rage thinking of all the women who have to endure this shit. Abused by her husband then abused again by the Court. Awful.

SapphosRock · 23/01/2020 08:46

Of course the original judge was male and appeal judge female.

Shocking the poor woman was put through that Angry

BlackeyedSusan · 23/01/2020 08:42

Thank God for the appeal judge. Horrendous for the woman to go through that.

ColaFreezePop · 23/01/2020 08:22

The judge won't be. If we are lucky he will have pressure put on him to retire.

On another note someone I know has had to explain to various male members of the judiciary what FWB, what a FB and sexting all are.