A v B & Anor.

A v B & Anor.

The Family Court should not adopt or apply criminal law definitions of rape, sexual assault, or consent in fact-finding hearings; Knowles J's approach and procedural framework are correct; the recorder's errors in referencing criminal law did not affect the substantive findings, which were based on evidence; grounds of appeal fail as no legal or procedural error was established.

Parties
Appellant: A; 1st Respondent: B; 2nd Respondent: C
Jurisdiction
England and Wales
Judgment Date
07 March 2023
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Domestic Abuse, Rape Allegations, Fact Finding Hearings, ECHR Rights, Case Management, Sexual History Evidence
Family Law Child Welfare Human Rights Domestic Abuse Rape Allegations Fact Finding Hearings ECHR Rights Case Management +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 16 Party arguments 2
Sign in to unlock

Parties

A

Appellant

B

1st Respondent

C

2nd Respondent

Procedural Posture

Appeal / Judgment

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 Articles 6, 8, and 14?
  3. 3 What is the correct approach to complainant's sexual history in Family Court?

Ratio Decidendi

The Family Court should not adopt or apply criminal law definitions of rape, sexual assault, or consent in fact-finding hearings; Knowles J's approach and procedural framework are correct; the recorder's errors in referencing criminal law did not affect the substantive findings, which were based on evidence; grounds of appeal fail as no legal or procedural error was established.

Court Disposition

Appeal dismissed