X and Y (ALLEGED PHYSICAL VIOLENCE AND RAPE) [2020] NIFam 15 (09 September 2020)

X and Y (ALLEGED PHYSICAL VIOLENCE AND RAPE) [2020] NIFam 15 (09 September 2020)

On the balance of probabilities, A perpetrated acts of physical violence against B in June 2016, raped B on the evening of 14 June 2016, and raped B on the afternoon of 25 March 2018 resulting in the conception of Y. B did not consent to sexual intercourse on either occasion and A ignored her refusals.

Citation
[2020] NIFam 15
Parties
Applicant: A; Respondent: B
Jurisdiction
Northern Ireland
Judgment Date
09 September 2020
Procedural Posture
Private Law Family Proceedings / Fact Finding Hearing
Outcome
Findings of fact made against A regarding physical violence and rape; B's allegations substantiated on balance of probabilities.
Legal Topics
Physical Violence, Rape, Consent, Child Contact, PTSD, Evidence Assessment
Family Law Child Protection Domestic Violence Physical Violence Rape Consent Child Contact PTSD +1 more

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Parties

A

Applicant

B

Respondent

Procedural Posture

Private Law Family Proceedings / Fact Finding Hearing

Legal Issues

  1. 1 Whether A perpetrated acts of physical violence on B in June 2016
  2. 2 Whether A raped B on the evening of 14 June 2016
  3. 3 Whether A raped B on the afternoon of 25 March 2018 resulting in the conception of Y

Ratio Decidendi

On the balance of probabilities, A perpetrated acts of physical violence against B in June 2016, raped B on the evening of 14 June 2016, and raped B on the afternoon of 25 March 2018 resulting in the conception of Y. B did not consent to sexual intercourse on either occasion and A ignored her refusals.

Court Disposition

Findings of fact made against A regarding physical violence and rape; B's allegations substantiated on balance of probabilities.

Orders

  • No contact between A and X pending further proceedings
  • Protection from harassment measures for B