London Daily

Focus on the big picture.
Thursday, Apr 23, 2026

In our secret family courts, judges still don’t understand what rape means

In our secret family courts, judges still don’t understand what rape means

It’s a scandal. Away from scrutiny, courtrooms are failing mothers by not taking evidence of sexual assault seriously
When is rape, you know, real, proper rape? Shockingly, in our family courts, it seems it’s only when you put up a fight and have the injuries to show for it. Never mind that you might clearly not consent to sex but in the end submit, terrified of what might happen if you were to actively resist.

In one recently reported case in the family courts a woman had complained to the court that she was a victim of domestic violence and had been raped.

Judge Robin Tolson ruled that because the woman had taken “no physical steps” to stop the man from raping her, “this did not constitute rape”, and consequently ruled against her.

Legally speaking, this means that when it comes to that same judge deciding whether or not, say, it is safe for a father to have contact with his child, claims of sexual violence will not be taken into account. Because, in the eyes of the court, that rape simply didn’t happen.

The fact that the family law system in this country is hidden behind a veil of secrecy means that these offensively vintage attitudes to rape and domestic violence can persist in courts that tens of thousands of separating couples must pass through every year. And it raises the question: what other outrageously sexist decisions are being made by out-of-touch judges behind closed doors?

The woman in the above case was so horrified at the judge’s finding that she challenged it via appeal. Unlike in a normal family court hearing, appeals are heard in public, and findings can be openly reported.

It is only because of this tiny chink in the family justice system’s protective shield that we are able to glimpse inside Judge Tolson’s courtroom, and see such attitudes for what they are. The usual level of secrecy in the family courts stifles investigation and reporting of what goes on.

I am typically contacted several times a week by women who say family judges have not taken their evidence of domestic abuse seriously. These women, often mothers fearful of the man they say abused and sometimes raped them, are without question retraumatised by a system presided over by some judges who have simply not accepted a modern understanding of what is and is not domestic abuse or sexual assault.

Women point particularly to difficulties in proving coercive control, a dangerous pattern of abusive behaviour that can indicate a risk of homicide. Coercive control is now a criminal offence; but in family courts, I am repeatedly told, judges are reluctant to name it, even if they find that emotional and psychological abuse has occurred.

Not only that. Women say that judges can even agree domestic abuse has occurred but not consider it serious enough to protect the victim and child from what we now know to be its damaging continuing effects: an abusive ex can easily continue their controlling behaviour throughout many years of court-ordered contact with a child.

If it were “just” scores of women telling me that this is happening, then these allegations would be exactly that: allegations. However, I recently sat through days of evidence in a family court case involving claims of domestic abuse and a dispute around child contact arrangements. The judge in that case made it clear he is unlikely to publish a judgment, and it is therefore unlikely at this stage that he will agree to allow the media to publish any part of what went on in court.

But I can say that I emerged from that courtroom astonished, dismayed and alarmed for very similar reasons to those that prompted the woman described above to appeal against a different judge’s findings about what constitutes rape.

In the year ending March 2019, more than 58,000 allegations of rape were made to police in England and Wales. It is an uncomfortable fact that many women are forced to have sex without their consent within relationships. It may be inconvenient for a family law system that operates on the principle that children are better off having contact with both their parents to acknowledge this truth. But surely any judge who grasps the mechanisms and psychological effects of coercive control should understand that you don’t need to be physically forced, there don’t need to be bruises, and you don’t need to scream, in order for it to be rape.

This is 2020, not 1920. Society has moved on. So have the criminal courts, which are open to scrutiny and would be instantly challenged should any barrister or judge articulate such archaic attitudes. Unless you have the courage and the cash to go to appeal, however, the family courts are essentially unaccountable to the public they serve.

Thanks to one of the most senior judges in the land coming firmly down on the side of the woman in the Judge Tolson case, she won her appeal. But it may well feel like a hollow victory. She will now have to relive every aspect of her evidence of domestic abuse and sexual assault at a new fact-finding hearing. This will be in front of a different judge. But that court will, once again, sit in private. How can we – or she – know what attitudes to sexual violence lie in store for her there?
Newsletter

Related Articles

0:00
0:00
Close
Crypto Scammers Capitalize on Maritime Chaos Near the Strait of Hormuz: A Rising Threat to Shipping Companies
Changi Airport: How Singapore Engineered the World’s Most Efficient Travel Experience
Power Dynamics: Apple’s Leadership Shakeup, Geopolitical Risks in the Strait of Hormuz, and Europe's Energy Strategy Amidst Global Challenges
Apple's Leadership Transition: Can New CEO John Ternus Navigate AI Challenges and Geopolitical Pressures?
Italy’s €100K Tax Gambit: Europe’s Soft Power Tax Haven
News Roundup
Microsoft lost 2.5 millions users (French government) to Linux
Privacy Problems in Microsoft Windows OS
News roundup
Péter András Magyar and the Strategic Reset of Hungary
Hungary After the Landslide — A Strategic Reset in Europe
Meghan Markle Plans Exclusive Women-Focused Retreat During Australia Visit
Starmer and Trump Hold Strategic Talks on Securing Strait of Hormuz Amid Rising Tensions
Unofficial Australia Visit by Prince Harry and Meghan Expected to Stir Tensions with Royal Circles
Pipeline Attack Cuts Significant Share of Saudi Arabia’s Oil Export Capacity
UK Stocks Rise on Ceasefire Momentum and Renewed Focus on Diplomacy
UK to Hold Further Strategic Talks on Strait of Hormuz Security
Starmer Voices Frustration as Global Tensions Drive Up UK Energy Costs
UK Students Voice Concern Over Proposal for Automatic Military Draft Registration
Rising Volatility Drives Uncertainty in UK Fuel and Petrol Prices
UK Moves to Deploy ‘Skyhammer’ Anti-Drone System to Strengthen Airspace Defense
New Analysis Explores UK Budget Mechanics in ‘Behind the Blue’ Feature
Man Arrested After Four Die in Channel Crossing Tragedy
UK Tightens Immigration Framework with New Sponsor Rules and Fee Increases
UK Foreign Secretary Highlights Impact of Intensified Strikes in Lebanon
UK Urges Inclusion of Lebanon in US-Iran Ceasefire Framework
UK Stocks Ease as Ceasefire Doubts in Middle East Weigh on Investor Confidence
UK Reassesses Cloud Strategy Amid Criticism Over Limited Support Measures
UK Calls for Full and Toll-Free Access Through Strait of Hormuz Amid Rising Tensions
Starmer Signals Strategic Shift for Britain Amid Escalating Iran-Linked Tensions
UK Issues Firm Warning to Russia Over Covert Underwater Military Activity
OpenAI Halts Stargate UK Project, Casting Uncertainty Over Britain’s AI Expansion Plans
Starmer Voices Frustration Over Global Pressures Driving UK Energy Costs Higher
UK Deploys Military Assets to Protect Undersea Cables From Suspected Russian Threat
Canada Aligns With US, UK and Australia as Europe Prepares Major Digital Border Overhaul
Meghan Markle’s Planned Australia Appearance Sparks Fresh Speculation
Starmer Warns Sustained Effort Needed to Ensure US–Iran Ceasefire Holds
UK to Partner with Shipping Industry to Rebuild Confidence in Strait of Hormuz, Cooper Says
UK Interest Rate Expectations Ease Following US–Iran Ceasefire Agreement
Starmer Signals Major Effort Needed to Fully Reopen Strait of Hormuz During Gulf Visit
UK Fuel Prices Face Ongoing Volatility Amid Global Pressures and Domestic Factors
Kanye West’s Planned Italy Festival Appearance Draws Debate After UK Entry Ban
Smuggling Routes Shift Toward Belgium as Migrant Crossings to UK Evolve
Ceasefire Offers Potential Relief for UK Fuel and Food Prices Amid Ongoing Uncertainty
Iran Conflict Raises Questions Over UK’s Global Influence and Military Preparedness
Senator McConnell Visits Kentucky to Highlight Federal Investment in Local Projects
Kanye West Barred from Entering UK as Legal Grounds Come into Focus
UK Denies Visa to Kanye West After Sponsors Withdraw from Wireless Festival
Trump-Era Forest Service Restructuring Leads to Closure of UK Lab Focused on Kentucky Woodland Health
Foreign Students in the UK Describe Harsh Living Conditions and Financial Pressures
×