FAMILY PROCEEDINGS: Re M (Allegation of Rape: Fact-finding Hearing)

11 NOV 2009

(Court of Appeal; Ward, Moses and Toulson LJJ; 2 November 2009)

At a fact finding hearing in family proceedings, the mother made allegations of domestic violence against the husband, including rape. The judge found the rape allegation proved. The father sought permission to appeal this finding.

The appeal court took into account recorded conversations between the mother and the father, which had not been before the district judge and which indicated that the mother had lied about the rape. This evidence would have had an impact on the judge if it had been admitted, causing him seriously to consider the rape allegation. Overruling the finding of fact, the rape allegation had not been proved.

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