A v B & Anor [2023] EWCA Civ 360 (07 March 2023)
Anthony Metzer KC and Dr Charlotte Proudman represented the mother in a second appeal where allegations of rape were made in private law proceedings. The matter was heard in the Court of Appeal. The case concerned general propositions and the individual appeal.
The appellant asserted that there should be a clear and consistent approach to rape, sexual assault and consent in family proceedings; a failure to apply a consistent approach to these issues breached Art 6, 8, 14 ECHR; there needed to be guidance on the approach that the Family Court should take to a complainant’s sexual history when determining allegations of rape of sexual assault and an application was required if a party sought to rely on a complainant’s sexual history; judges should give themselves a warning about rape myths.
The individual appeal concerned the trial judge applying the criminal law to allegations of rape; no reference given to PD12J or H-N; and attributing too much weight to a resumption of sexual relations after the alleged rape.
The appeal was dismissed and the approach of Knowles J to such cases used in first appeal approved, see A & Anor v B & Ors [2022] EWHC 3089 (Fam) (02 December 2022).
Related barristers: Anthony Metzer KC, Dr Charlotte Proudman
