Advertisement

Judges need consent training as courts are ‘no longer seen as safe place for women’, say lawyers

Getty Images/iStockphoto
Getty Images/iStockphoto

An open letter that calls for mandatory training to be given to family court judges claims that courts are “no longer seen as a safe place for women who have been abused”.

The letter, signed by more than 130 family and human rights lawyers as well as women’s rights organisations like Women’s Aid, was published on Wednesday.

It calls for all family law judges to be trained in identifying abuse, sexual assault and how to treat victims of trauma, as well as "the meaning of consent and free will".

It follows a 2019 case overseen by Judge Tolson QC who concluded a woman hadn’t been raped because she had “taken no physical steps” to stop the man who attacked her.

The woman in the case was objecting to her ex-partner spending time with his son because she alleged he had a history of being controlling towards her and being sexually violent.

The unnamed woman lost the case in August 2019 but has since successfully appealed.

The new letter says the example set by QC Tolson’s ruling shows that family judiciary should have to undergo training on consent and domestic abuse akin to that given to criminal judges.

“We are aware that other family judges hold similar ‘outdated’ views [to Tolson]. There are wider systemic issues,” it reads. “This is despite training and clear rules.

“It leaves children and women at risk of serious harm and undermines the credibility of our legal system.

“Increasingly, the courts are no longer seen as a safe place for women who have been abused," it adds.

“Judges’ failure to ensure best practice is maintained could put children in a situation of further harm if contact is ordered between a parent who is a perpetrator of violence and a child.”

Addressed to justice secretary Robert Buckland, family courts president Sir Andrew McFarlane, the Ministry of Justice and other family court bodies, the letter says “immediate action” is needed.

“The attitudes expressed by the judge in this case impact upon the credibility of the judiciary and calls into question the integrity of the Family Courts.”

The letter was shared on Twitter by Dr Charlotte Proudman, a barrister at Goldsmith Chambers in London.

This letter is also supported by the London Victim’s Commissioner, the Domestic Abuse Commissioner and the Victims Commissioner for England and Wales, Dame Vera Baird.

The UK judiciary told the BBC that “enhanced training” will be given from May 2020.

The Independent has contacted the Ministry of Justice for comment.