‘Out-dated’ judge faces having cases reviewed


‘Out-dated’ judge who rejected rape claim because woman did ‘nothing physically to stop attack’ faces calls to have his cases reviewed after joint letter from 130 lawyers and campaigners

  • Letter signed by 130 lawyers and women’s rights groups calling for review
  • They want Judge Robin Tolson’s continuing cases to come under review
  • He was criticised for his handling of a case of mother who said she’d been raped

More than 130 lawyers and women’s rights groups have today signed a letter calling for a review of a judge who dismissed a woman’s rape claim because she did not fight back against her alleged attacker.   

Judge Robin Tolson QC was criticised for his handling of a case which saw a woman lose custody of her son, despite telling the courts the child’s father had subjected her to domestic and sexual abuse. 

Judge Tolson said he was concerned that ‘the mother did nothing physically to stop the father [from raping] her’.

He said that the mother should have stopped the father from having sex with her by ‘refusing to remove her pyjama bottoms.’

Last month he was savaged by a senior colleague and now, more than 130 legal experts and campaigners have called for an urgent review of all of Judge Tolsons’ active cases, according to BBC’s Victoria Derbyshire show. 

More than 130 lawyers and women's rights groups have today signed a letter calling for a review of Judge Robin Tolson

More than 130 lawyers and women’s rights groups have today signed a letter calling for a review of Judge Robin Tolson  

The letter, signed by organisations including Rape Crisis England and Wales, Women’s Aid and the Centre for Women’s Justice, claims that family court judges hold ‘outdated views’ and should be trained on the ‘meaning of consent’. 

It adds attitudes such as those expressed by the judge ‘leave children and women at risk of serious harm’. 

Judge Tolson QC last year oversaw a case which saw a 29-year-old father with a string of criminal convictions for violence and theft, and a long record of abuse against previous domestic partners, ask for contact with his son. 

He and the boy’s mother had separated more than three years ago and the child remained with his mother, judges heard.

Family court litigation began after the man asked to be allowed to spend time with his son, but the woman objected and said the man had been controlling and had raped her. 

Judge Tolson found that although the mother was ‘both upset and averse’ to sex, ‘the sex between the parties carried the consent of both’. He concluded: ‘This was not rape.’

The woman argued the judge’s approach had led to her losing the legal battle with the man. 

But she has since had her appeal upheld by a High Court judge, over its handling. 

The Victoria Derbyshire show also heard of another woman whose case was heard by Judge Tolson. 

She said she left her partner when he subjected her and her children to physical abuse – but he applied to the courts for contact and was granted access. 

She claims her younger child is ‘terrified of going for contact with [the father] and says he’s been physically abusive’.

But ‘Trish’ cannot stop her child seeing the father – or she will face a fine, or jail time. 

She told the show: ‘All I want is for this to be properly investigated. I’ve been in court at least 20 times. [The father] can afford lawyers but… I have to represent myself.

‘He’s continuing to control me and abuse – and that’s enabled by the courts.

‘The children’s voices are not heard and to not even have the courts protecting vulnerable families is really scary.

‘I am deeply concerned for the future of my children and their safety.’

The High Court (pictured above) allowed the woman to appeal the decision made by Judge Tolson

The High Court (pictured above) allowed the woman to appeal the decision made by Judge Tolson

The High Court (pictured above) allowed the woman to appeal the decision made by Judge Tolson

Last month, Judge Tolson was severely criticised by High Court judge Ms Justice Russell (pictured), who indicated in a written ruling that her colleagues needed to receive training on the 'appropriate' way to deal with allegations of serious assault

Last month, Judge Tolson was severely criticised by High Court judge Ms Justice Russell (pictured), who indicated in a written ruling that her colleagues needed to receive training on the 'appropriate' way to deal with allegations of serious assault

Last month, Judge Tolson was severely criticised by High Court judge Ms Justice Russell (pictured), who indicated in a written ruling that her colleagues needed to receive training on the ‘appropriate’ way to deal with allegations of serious assault

Last month, Judge Tolson was severely criticised by High Court judge Ms Justice Russell, who said he had made ‘multiple errors of law’ and that his judgement was ‘so flawed as to require a retrial’. 

Ms Justice Russell said that in future family judges will get extra training on the law governing rape and sexual assault to match that given to judges who sit in serious sex cases in the criminal courts.

The High Court judge said that Judge Tolson had ignored 15 years of progress in rape law and the legal approach to consent in sex.