Judge who said woman wasn’t raped because she didn’t fight back ‘should quit’

We are glad to see that Louise Haigh MP continues to question the Family Courts and calls out Judges. Judge Tolson should definitely be sacked!

Zoe Drewett, 7 Feb 2020 The Metro

A judge who said a woman could not have been raped because didn’t physically fight back to stop it should be banned from future sexual assault cases, a shadow minister has said. Judge Robin Tolson ruled against an alleged victim in January because she had taken ‘no physical steps’ to stop a man from raping her, therefore ‘this did not constitute rape’. Shadow policing minister Louise Haigh has revealed Judge Tolson made the same ruling in family courts on Monday. The Sheffield MP is calling for him to be banned from ‘all cases involving domestic abuse’ as a result.

It is understood a private hearing was held at the Central Family Court on Monday and a further hearing has been scheduled, a source close to the case said. Ms Haigh said: ‘Last month it was reported that Justice Tolson, the senior family judge in London Central Family Court, found that a woman had not been raped because she hadn’t taken sufficient physical steps to protect herself. ‘The Court of Appeal found that his judgment was “manifestly at odds with current jurisprudence and based on obsolescent concepts around consent”. ‘Justice Tolson is still overseeing cases around domestic abuse and rape in the family courts, and just this Monday, despite the Court of Appeal judgment, he made the same ruling again. ‘Complaints have been made to the judicial ombudsman and it’s obviously right that this is handled completely independently of this place, but does the Leader not agree that this judge should immediately recuse himself from all cases involving domestic abuse.

‘And that the Ministry of Justice’s review should be published urgently to ensure that victims of rape and domestic abuse are not re-traumatised by the family justice system.’ Responding during business questions, Commons Leader Jacob Rees-Mogg replied: ‘I absolutely hear and understand what Ms Haigh is saying and her last point, that witnesses should not be re-traumatised, is absolutely right and fundamental and in our justice system victims ought to be at the heart of it and ought to be protected. ‘I am however very limited as to what I can say about individual judges.’