A (A Child) (Appeal: Finding of Rape), Re

A (A Child) (Appeal: Finding of Rape), Re

The appeal was allowed because the trial judge failed to evaluate the evidence holistically, compartmentalised the allegations and evidence, and did not provide sufficient reasoning for the finding of rape in the context of other material findings. This rendered the finding unsafe, requiring a rehearing.

Parties
Appellant: Appellant Father; Respondent: Respondent Mother
Jurisdiction
England and Wales
Judgment Date
17 June 2025
Procedural Posture
Appeal Family Law (children Act Proceedings) / Appeal Judgment
Outcome
Appeal allowed; finding of rape set aside; case remitted for rehearing before a different judge.
Legal Topics
Findings of Fact, Appeal Against Finding of Rape, Paternity, Contact Arrangements, Case Management, Judicial Reasoning
Family Law Child Law Findings of Fact Appeal Against Finding of Rape Paternity Contact Arrangements Case Management Judicial Reasoning

Case Brief

Summary, issues, holding and outcome

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Parties

Appellant Father

Appellant

Respondent Mother

Respondent

Procedural Posture

Appeal Family Law (children Act Proceedings) / Appeal Judgment

Legal Issues

  1. 1 Whether the trial judge erred in making a finding of rape against the father
  2. 2 Whether the trial judge failed to consider the totality of the evidence, including findings on paternity and contact arrangements, in relation to the rape allegation
  3. 3 Whether the trial judge's compartmentalised approach to evidence evaluation rendered the finding of rape unsafe

Ratio Decidendi

The appeal was allowed because the trial judge failed to evaluate the evidence holistically, compartmentalised the allegations and evidence, and did not provide sufficient reasoning for the finding of rape in the context of other material findings. This rendered the finding unsafe, requiring a rehearing.

Court Disposition

Appeal allowed; finding of rape set aside; case remitted for rehearing before a different judge.

Orders

  • The finding of rape is set aside.
  • The case is remitted for rehearing of the fact-find before another judge to be allocated by the relevant Family Presider.