R, S and T (Children), Re [2018] EWFC B103 (24 October 2018)

R, S and T (Children), Re [2018] EWFC B103 (24 October 2018)

The overwhelming, unchallenged evidence from ABE interviews, corroborating material, and the failure of the parents to give evidence supports findings of rape and sexual assault by the Father against S, failure by the Mother to protect S, and sexual abuse of R by the Mother. Insufficient evidence exists to find that X raped S. The Mother had sexual intercourse with her Father, as proved by text messages.

Citation
[2018] EWFC B103
Parties
First Respondent: Mother; Second Respondent: Father; Applicant: Local Authority; Intervener: Guardian; Third Party Intervener: X
Jurisdiction
England and Wales
Judgment Date
24 October 2018
Procedural Posture
Family Law Care Proceedings / Fact Finding Hearing
Outcome
Findings of sexual abuse by Father against S, failure by Mother to protect S, sexual abuse of R by Mother, and sexual intercourse between Mother and her Father. No finding against X for rape of S. No finding of physical violence by Father as abuse.
Legal Topics
Sexual Abuse, Failure to Protect, Domestic Violence, Evidence Evaluation, Burden of Proof, Child Testimony, Hearsay Evidence
Family Law Child Protection Sexual Abuse Failure to Protect Domestic Violence Evidence Evaluation Burden of Proof Child Testimony +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 3 Party arguments 2
Sign in to unlock

Parties

Mother

First Respondent

Father

Second Respondent

Local Authority

Applicant

Guardian

Intervener

X

Third Party Intervener

Procedural Posture

Family Law Care Proceedings / Fact Finding Hearing

Legal Issues

  1. 1 Whether the Father sexually abused S
  2. 2 Whether the Mother failed to protect S
  3. 3 Whether the Mother sexually abused R

Ratio Decidendi

The overwhelming, unchallenged evidence from ABE interviews, corroborating material, and the failure of the parents to give evidence supports findings of rape and sexual assault by the Father against S, failure by the Mother to protect S, and sexual abuse of R by the Mother. Insufficient evidence exists to find that X raped S. The Mother had sexual intercourse with her Father, as proved by text messages.

Court Disposition

Findings of sexual abuse by Father against S, failure by Mother to protect S, sexual abuse of R by Mother, and sexual intercourse between Mother and her Father. No finding against X for rape of S. No finding of physical violence by Father as abuse.

Orders

  • Strict preservation of anonymity of children and family members in any publication
  • Permission to appeal refused