Right, I just had a massive panic that I couldn't link the judgment I was just tweeting about to 'that' notorious Tolson appeal. But I can. So here goes. Again.
Remember that Tolson 'rape isn't rape if you don't fight back' (paraphrasing) appeal case? I wrote about it here: theguardian.com/commentisfree/…
Both allegations of rape that Tolson found hadn't happened have now been found as fact.
The judge also remarks: "It hardly needs to be spelt out that the father’s conduct to the mother in this regard was sexually and emotionally abusive within the definition of PD12J."
A note: I struggle with the family court's insistence on the use of the phrase "non consensual sex." Sex without consent is rape. Awful word. Awful act. 10s of 1000s of women are raped. Call rape rape. It cannot be finnessed.
Her allegations were, in addition, that her ex partner, father of her child, was aggressive/intimidating, controlling + emotionally abusive, shouted at her, insulted her and was violent on one occasion...
The judge found for her on all of those. They are proved as fact.
A final allegation, that he had pinched and bruised their child, was not found to have been proved.
For more detail, here is the list of her allegations.
The father denied all the allegations, though accepted that the relationship was "a toxic one". He made allegations too:
That she had sometimes assaulted him, and had made previous allegations of grooming, rape and assault against other men/in other contexts.
The judge did not accept these, saying "I also reject the father’s assertion that the allegations made by the mother against him form part of a pattern of making complaints of sexual or other misconduct."
Okay, phonecall. More later about what watching that factfinding was like as an observer.
• • •
Missing some Tweet in this thread? You can try to
force a refresh
Finally got myself a minute to put up the judgment on the rehearing of the notorious Tolson appeal case from I think Jan/Feb this year. It was heard by Mrs Justice Judd. I attended most of it - judgment here bit.ly/3fJZmmA
Recap on thread from earlier today: the two rape allegations that Tolson dismissed in such outrageous terms were found to have happened. All the mother's other domestic abuse allegations but one were also found as fact.
None of the father's allegations against her were found.
So... it appears that Southampton City Council has just apologised for 'failings' in children's services’. 1/ dailyecho.co.uk/news/18662130.…
I have some things to say about this. This was the council that @Andy_Bilson's research showed adopted the highest proportion of 0-5 year olds in the country 2/
It was also the LA which was shown by the Court of Appeal to have applied for a child to be placed for adoption on "the slimmest of evidence". They were successful. It was only the mother's courageous battle to overturn that placement order that meant her child is with her now.