Judge Robin Tolson who said a woman could not have been raped because she didn’t physically fight back to stop it, should be banned from future sexual assault cases, a shadow minister has said.
The Judge 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.
“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.”
The Uk has seen a massive drop in successful rape prosecutions in recent years and a judicial review is underway to find out why.