Mum who accused ex-partner of rape wins appeal against family court judge
Mum Who Alleged Rape of Ex-Partner Secures High Court Reversal
Mum who accused ex partner of rape - A woman has overturned a ruling by Family Court Judge Robin Tolson KC, who had permitted her ex-partner—under police investigation for rape—to have overnight contact with their three children. The father had confessed to domestic abuse, including emotional manipulation and physical violence, while the mother claimed he had raped her over several years. The High Court on Monday ruled that Tolson had erred in dismissing the serious allegation without sufficient consideration.
Controversial Past Decisions
Judge Tolson faced criticism six years ago for expressing views on rape that were deemed archaic, such as asserting a woman could not be raped if she lacked physical resistance. His stance was challenged and ultimately corrected by Mrs Justice Russell in January 2020, leading to his departure from the London-based senior judge role. The incident sparked public debate, with multiple MPs raising concerns about his continued involvement in cases involving domestic abuse and rape outside the capital.
"I was criticised in that decision for my approach to the question of consent. I do not accept that criticism," Tolson stated during the hearing.
Case Details and Legal Arguments
Anna, the mother involved in the case, sought a High Court review of Tolson's March 2025 ruling in Reading. She argued that her ex-partner should have restricted contact with their children due to the rape allegations and ongoing domestic abuse. At the time, police were investigating the claims. Tolson, however, decided the court did not require further inquiry into the allegations before granting contact.
"Judge Tolson’s conduct warrants urgent consideration by the Judicial Conduct Investigations Office," said barrister Charlotte Proudman. "Many women have lost confidence in his ability to fairly handle serious domestic abuse cases."
History of Rejected Rulings
Tolson’s decisions have been challenged multiple times in recent years. In 2021, three senior judges found his handling of evidence "seriously flawed" in a case where a mother accused her partner of rape and abuse. Tolson had labeled her as "deeply troubled" with "mental health difficulties," rather than acknowledging her as a victim. A similar critique emerged in 2024 when the Court of Appeal highlighted his dismissal of domestic abuse claims. In 2025, Mrs Justice Judd in the High Court reversed Tolson’s decision allowing unsupervised video contact for a father who had pleaded guilty to assaulting his family.
Recent data from the Domestic Abuse Commissioner’s report, based on a limited sample, revealed that domestic abuse was cited in nearly 90% of family cases. The government has since announced plans to enhance the experience of individuals navigating private law proceedings, particularly those facing abuse or other serious offenses. The case now will be retried, with the mother’s arguments for restricted contact likely to be revisited in light of Tolson’s past controversies.