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Mother claims judge's 'outdated views' on sexual assault led him to rule against her in child custody battle

A judge's
A judge's

A judge's "outdated views" on sexual assault led him to rule against a mother who accused her former partner of rape, a court has heard.

The pair are embroiled in a legal battle over whether he should be allowed to spend time with their four-year-old son.

They separated more than three years ago and the boy remained with his mother. She alleged that the child's father raped her and she had suffered domestic violence at his hands.

Judge Robin Tolson considered six domestic violence allegations made by the woman at the Central Family Court in August.

He upheld none of the claims and she said he concluded that she had taken "no physical steps" to prevent the alleged rape and so it "did not constitute rape".

A female High Court judge today allowed the woman to appeal Judge Tolson's ruling. A fresh fact-finding hearing will now be overseen by a different judge.

Barrister Catherine Piskolti, who led the woman's legal team, said in a written submission to Ms Justice Alison Russell: "The learned judge was wrong in impermissibly allowing his outdated views on sexual assault, and likely victim responses to this, to influence his findings and conclusions.

"The learned judge found that because the appellant had taken no physical steps to stop (him) from raping her this did not constitute rape, or non-consensual sexual intercourse, or that because she did not take physical steps to stop him her evidence is not credible and therefore it did not happen."

She added: "Either way, the learned judge's approach was wrong."

Judge Tolson was made a circuit judge five years ago, by then lord chancellor Chris Grayling, at the age of 56 after working as a barrister for nearly 35 years. He began sitting as a part-time judge in 1999.