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Judge Who Said Woman Wasn't Raped Because She 'Didn't Fight Back' Urged To Quit

Judge Who Said Woman Wasn't Raped Because She 'Didn't Fight Back' Urged To Quit

It's reported the judge has made the ruling on more than one occasion.

Lucy Devine

Lucy Devine

People are urging a UK judge to be banned from ruling on sexual assault cases after he said a woman wasn't raped "because she didn't fight back".

Back in January, Judge Robin Tolson ruled that the incident did not constitute as rape because she had "taken no physical steps" to stop it.

At the time, Judge Tolson said what happened "did not constitute rape" because the woman "was not in any sense pinned down" and "could easily, physically, have made life harder" for the man.

Now, shadow policing minister, Louise Haigh is calling for the judge to be stopped from ruling on such cases, after claiming he made the same judgement in a case earlier this week.

She 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 judgement was 'manifestly at odds with current jurisprudence and based on obsolescent concepts around consent'.

Judge Tolson said a woman wasn't raped
Judge Tolson said a woman wasn't raped

"Justice Tolson is still overseeing cases around domestic abuse and rape in the family courts, and just this Monday, despite the Court of Appeal judgement, he made the same ruling again."

The Sheffield MP urged: "Complaints have been made to the judicial ombudsman and it's obviously right that this is handled completely independently of this place.

"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."

Louise Haigh said Judge Tolson had made the same ruling again this week (

Commons Leader Jacob Rees-Mogg responded to the comments during business questions, stating: "I absolutely hear and understand what Ms Haigh is saying.

"... 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."

Featured Image Credit: PA

Topics: Life News, News