A v B & Anor [2023] EWCA Civ 360 (07 March 2023)

A v B & Anor [2023] EWCA Civ 360 (07 March 2023)

The appeal is dismissed because the Family Court should not import criminal definitions of rape, sexual assault, or consent; Knowles J's approach was correct and not in breach of ECHR rights; the recorder's factual findings were not infected by legal errors; guidance on sexual history and rape myths is sufficient; weight attributed to resumption of sexual relations was within judicial discretion.

Citation
[2023] EWCA Civ 360
Parties
Appellant: A; 1st Respondent: B; 2nd Respondent: C
Jurisdiction
England and Wales
Judgment Date
07 March 2023
Procedural Posture
Appeal / Court of Appeal, Civil Division, Second Appeal
Outcome
Appeal dismissed
Legal Topics
Domestic Abuse, Rape Allegations, Fact Finding Hearings, Practice Direction 12 J, Coercive and Controlling Behaviour, ECHR Articles 6, 8, 14, Sexual History Evidence, Judicial Guidance
Family Law Child Welfare Human Rights Domestic Abuse Rape Allegations Fact Finding Hearings Practice Direction 12 J Coercive and Controlling Behaviour +3 more

Case Brief

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Parties

A

Appellant

B

1st Respondent

C

2nd Respondent

Procedural Posture

Appeal / Court of Appeal, Civil Division, Second Appeal

Legal Issues

  1. 1 Should the Family Court adopt consistent definitions of rape, sexual assault, and consent?
  2. 2 Does failure to apply consistent definitions breach ECHR rights?
  3. 3 What is the correct approach to complainant's sexual history in Family Court?

Ratio Decidendi

The appeal is dismissed because the Family Court should not import criminal definitions of rape, sexual assault, or consent; Knowles J's approach was correct and not in breach of ECHR rights; the recorder's factual findings were not infected by legal errors; guidance on sexual history and rape myths is sufficient; weight attributed to resumption of sexual relations was within judicial discretion.

Court Disposition

Appeal dismissed

Orders

  • Knowles J's judgment is endorsed and stands
  • No new guidance or definitions imposed on Family Court