London Daily

Focus on the big picture.
Tuesday, Jun 02, 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
Japanese Technology Firm Fujitsu Launches Advanced Artificial Intelligence Tool for Corporate Disclosures
South Africa Officially Launches Nationwide Campaign for Highly Contested Local Government Elections
United Kingdom Commits Additional Funding for Unexploded Ordnance Clearance in Laos
Singapore Announces Stringent New Greenhouse Gas Regulations for Commercial Cooling Systems
Cambodia and Thailand Hold High-Level Border Security Talks at United Nations Headquarters
Myanmar Military Government and China Sign Major Agreement to Upgrade Media and Cultural Cooperation
Knife Attack at Swiss Train Station Leaves Three Injured in Suspected Act of Domestic Terrorism
Transnational Extortion Gang Threatens Canadian Police With Army of One Thousand Armed Operatives
Australia Imposes Forty-Two-Day Quarantine on Cruise Ship Passengers Following Deadly Hantavirus Outbreak
International Monetary Fund Unlocks Seven Hundred Million United States Dollars for Sri Lanka Following Economic Reforms
Australia Launches Record One Point Four Billion Dollar Lawsuit Against Chemical Giant 3M Over Contamination
China and Canada Foreign Ministers Meet in Ottawa in Effort to Stabilize Strained Diplomatic Ties
Indonesia Demands Urgent United Nations Security Council Reform Amid Escalating Global Conflicts
Extreme Weather Patterns Trigger Severe Drought in Madagascar and Destructive Flooding in East Africa
Indian State of Karnataka Faces Political Upheaval as Chief Minister Siddaramaiah Abruptly Resigns
Philippines and Japan Reaffirm Defense Ties as Crucial for Indo-Pacific Regional Stability
Norway Joins French Nuclear Deterrence Initiative in Major Shift for European Security Architecture
Global Critical Mineral Alliances Expand as Western Nations Move to Counter Chinese Supply Dominance
United States Imposes Fifty Percent Tariffs on Mexican Steel and Aluminum Ahead of Trade Pact Review
European Union and China Head Toward Major Trade Conflict Over Clean Technology Exports
United States Economic Growth Severely Downgraded to One Point Six Percent as Stagflation Fears Mount
World Health Organization Warns Central African Ebola Epidemic is Outpacing Containment Efforts
United States Treasury Department Conditions Sanctions Relief on Reopening of the Strait of Hormuz
Iranian Air Defenses Intercept and Destroy United States Military Drone Over Bushehr Province
Iranian Armed Forces Launch Ballistic Missiles Toward Unspecified Targets Prompting Regional Condemnation
United Nations Secretary-General Warns Global Order Facing Highest Level of Conflict Since 1945
Israel Issues Sweeping Evacuation Orders in Southern Lebanon Amid Intensified Hezbollah Conflict
Russia Announces Systemic Military Strikes Targeting Ukrainian Defense and Energy Infrastructure
United States and Iranian Negotiators Reach Draft Agreement to Extend Ceasefire and Resume Nuclear Talks
United Nations Security Council Deeply Divided Over United States Capture of Venezuelan President
US and Iran Exchange Direct Military Strikes Amid Fragile Gulf Ceasefire
World Health Organization Warns of Catastrophic Ebola Outbreak in DR Congo
Russia Threatens New Wave of Strikes on Ukrainian Infrastructure and Embassies
Scientists Warn Atlantic Ocean Currents Could Collapse Faster Than Projected
Anthropic Reaches $900 Billion Valuation in Historic AI Funding Round
Washington Imposes Crippling Sanctions on Iranian Maritime Authority
Japan and the Philippines Initiate Strategic Intelligence-Sharing Pact
Microsoft Deploys Autonomous Computer-Using AI Agents to Global Markets
Anthropic Secures $45 Billion Compute Infrastructure Agreement With SpaceX
U.S. Director of National Intelligence Resigns Amid Administration Shakeup
Micron Technology Crosses Trillion-Dollar Valuation Amid Unprecedented Hardware Demand
Canada and Germany Finalize Historic Long-Term LNG Export Agreement
China Expands International Travel Restrictions on Domestic AI Researchers
Japan Approves Sweeping Overhaul of National Intelligence Apparatus
Global Airlines Scramble Logistics as Middle East Airspace Remains Fractured
Japan's Naphtha Imports Plunge 47 Percent Amid Strait of Hormuz Closure
Global Crude Prices Retreat Below $96 as Gulf Tensions Momentarily Ease
Generative AI Outperforms Human Baselines in Landmark Global Creativity Study
NASA Partners With Private Aerospace to Unveil Permanent Lunar Base Architecture
South Korean Equity Markets Surge on Next-Generation Memory Chip Frenzy
×