R & D (Allegation of rape) [2008] NIFam 1 (7 January 2008)

R & D (Allegation of rape) [2008] NIFam 1 (7 January 2008)

The court found that BP's evidence was unreliable due to inconsistencies and her readiness to deceive when in her interests. The allegation of rape was specifically undermined by her conversation with a solicitor and conflicting accounts. On the balance of probabilities, the court found that the sexual activity between BP and GB was consensual.

Citation
[2008] NIFam 1
Parties
Mother/applicant: BP; Father/respondent: GB; Partner of BP: RK
Jurisdiction
Northern Ireland
Judgment Date
07 January 2008
Procedural Posture
Family Law Fact Finding Hearing / Fact Finding Determination Regarding Allegation of Rape in Context of Parental Responsibility/contact Application
Outcome
Allegation of rape not established; finding of consensual sexual activity between BP and GB.
Legal Topics
Parental Responsibility, Contact Orders, Allegation of Rape, Fact Finding Hearings, Immigration Status and Family Proceedings
Family Law Child Law Parental Responsibility Contact Orders Allegation of Rape Fact Finding Hearings Immigration Status and Family Proceedings

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Parties

BP

Mother/applicant

GB

Father/respondent

RK

Partner of BP

Procedural Posture

Family Law Fact Finding Hearing / Fact Finding Determination Regarding Allegation of Rape in Context of Parental Responsibility/contact Application

Legal Issues

  1. 1 Whether BP was raped by GB leading to conception of twins
  2. 2 Whether sexual activity between BP and GB was consensual
  3. 3 Credibility of parties' accounts regarding their relationship and events

Ratio Decidendi

The court found that BP's evidence was unreliable due to inconsistencies and her readiness to deceive when in her interests. The allegation of rape was specifically undermined by her conversation with a solicitor and conflicting accounts. On the balance of probabilities, the court found that the sexual activity between BP and GB was consensual.

Court Disposition

Allegation of rape not established; finding of consensual sexual activity between BP and GB.