IJ v KL
[2023] EWHC 3335 (Fam)
A v B & Anor.
7 March 2023
[2023] EWCA Civ 360
Court of Appeal
A mom accused her ex of rape. A judge dismissed the claim, even though she made some mistakes about the law. A higher court said the judge's mistakes didn't matter, because the main decision was still right. They also said that family courts shouldn't use the same rules as criminal courts when deciding these kinds of cases.
Key Facts
- •Appeal against Mrs Justice Knowles' judgment dismissing allegations of rape in private law children proceedings.
- •The case involved allegations of rape by the respondent (father) against the appellant (mother).
- •The appeal challenged Knowles J's decision on general issues concerning the approach to rape allegations in the Family Court and on case-specific grounds.
- •The recorder's judgment referred to the definition of rape in the Sexual Offences Act 2003, which is inappropriate for family court proceedings.
- •The recorder's judgment lacked references to Practice Direction 12J, coercive and controlling behaviour, and relevant case law like Re H-N.
- •The appeal also argued that the recorder gave undue weight to the resumption of the sexual relationship in 2017 when assessing earlier allegations.
Legal Principles
The Family Court should not import criminal definitions of rape, sexual assault, and consent.
[2023] EWCA Civ 360
Judicial restraint is needed; courts shouldn't create new legal frameworks for factual issues in domestic abuse cases.
Re K and H (Children: Unrepresented Father: Cross-examination of Child) [2016] 1 FLR 754
The focus in fact-finding hearings should be on whether the adult relationship was characterized by coercion and/or control.
K v K [2022] EWCA Civ 468
Guidance on a complainant's sexual history should be provided, distinguishing between history with a third party and history between the parties.
[2023] EWCA Civ 360
Judicial awareness of rape myths is best addressed through training, not by creating a rigid list of myths.
[2023] EWCA Civ 360
Fact-finding hearings should only be undertaken where necessary to determine child welfare issues.
Re H-N [2021] 2 FLR 1116 (CA)
Outcomes
Appeal dismissed on all grounds.
Knowles J's judgment correctly applied the law; the recorder's errors didn't affect the substance of the decision.
The Family Court should not adopt its own definitions of rape, sexual assault, and consent.
It would be an exorbitant step to introduce new legal requirements where Parliament hasn't done so.
Knowles J's approach to sexual history and rape myths is endorsed.
Her guidance is sufficient; a rigid framework would be counterproductive.