M v F & Anor

M v F & Anor

The Recorder's analysis of the allegations of rape and abusive sexual behaviour was inadequate as it failed to engage with the first-hand accounts of both parties and improperly elevated the mother's indecision about categorising the incident as rape to a determinative status. The appeal is allowed and the case is remitted for rehearing before a different judge.

Parties
Appellant: M; First Respondent: F; Second Respondent: A Child (by her Children’s Guardian)
Jurisdiction
England and Wales
Judgment Date
16 July 2024
Procedural Posture
Family Law Appeal / Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Fact Finding, Domestic Abuse, Coercive and Controlling Behaviour, Sexual Assault, Child Welfare
Family Law Fact Finding Domestic Abuse Coercive and Controlling Behaviour Sexual Assault Child Welfare

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 2 Party arguments 2
Sign in to unlock

Parties

M

Appellant

F

First Respondent

A Child (by her Children’s Guardian)

Second Respondent

Procedural Posture

Family Law Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the Recorder adequately analysed the mother's allegations of rape and abusive sexual behaviour during the relationship
  2. 2 Whether the Recorder's judgment sufficiently engaged with the first-hand evidence of both parties
  3. 3 Whether the Recorder improperly elevated the mother's indecision about categorising the incident as rape to a determinative status

Ratio Decidendi

The Recorder's analysis of the allegations of rape and abusive sexual behaviour was inadequate as it failed to engage with the first-hand accounts of both parties and improperly elevated the mother's indecision about categorising the incident as rape to a determinative status. The appeal is allowed and the case is remitted for rehearing before a different judge.

Court Disposition

Appeal allowed

Orders

  • Case remitted for rehearing before a fresh judge to be allocated by HHJ Steven Parker
  • Transcript of this judgment to be expedited for the local court