A v B (Appeal: Domestic Abuse)

A v B (Appeal: Domestic Abuse)

The judge at first instance was entitled, on the evidence, to reject the appellant's allegations of sexual abuse, coercion, and control. The judge considered the evidence holistically, applied the correct legal principles, and made findings that were not irrational or unsupportable. The appellate court found no error of law or fact that undermined the conclusions, and the appeal was dismissed.

Parties
Appellant: A; Respondent: B
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Appeal (family Law Children Act Proceedings) / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Domestic Abuse, Fact Finding Hearings, Appeals, Sexual Abuse Allegations, Coercive and Controlling Behaviour
Family Law Children Law Domestic Abuse Fact Finding Hearings Appeals Sexual Abuse Allegations Coercive and Controlling Behaviour

Case Brief

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Parties

A

Appellant

B

Respondent

Procedural Posture

Appeal (family Law Children Act Proceedings) / Appeal Judgment

Legal Issues

  1. 1 Whether the trial judge erred in rejecting allegations of sexual abuse, coercion, and control within marriage
  2. 2 Whether the judge applied rape myths or stereotypes in assessing the evidence
  3. 3 Whether the judge failed to consider the appellant's vulnerability and isolation

Ratio Decidendi

The judge at first instance was entitled, on the evidence, to reject the appellant's allegations of sexual abuse, coercion, and control. The judge considered the evidence holistically, applied the correct legal principles, and made findings that were not irrational or unsupportable. The appellate court found no error of law or fact that undermined the conclusions, and the appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

  • Permission to appeal on ground 7 refused
  • Appeal on grounds 1 and 3 dismissed