District Judge Read has publicly criticised the lack of funding for a woman alleging rape and sexual assault

District Judge Read has publicly criticised the lack of funding for a woman alleging rape and sexual assault against her ex-husband, suggesting it may have resulted in a miscarriage of justice.

The family court at Middlesbrough heard details of the allegations from the woman in a case to decide what contact her 10-year-old daughter should have with the father.

Both parties in JY v RY were unrepresented, leaving the court to prepare makeshift bundles, each litigant to prepare their own questions for cross-examination, and an alleged victim of domestic abuse with no moral and practical support in court. After some time in the witness box she stopped giving evidence, saying she could not continue.

District Judge Read expressed surprise that the mother, who is dependent on state benefits, had failed the means test and was not eligible for legal aid.

The Judge found allegations of assault by the father against the mother and an older son proved, along with aggressive and abusive behavior by the father to her while on holiday. But the judge could not find allegations of rape, sexual assault and abusive behavior to the youngest children proven.

The Judge said the court must now decide to what extent the father’s contact time with his daughter should be supervised.

If you are looking for family advice then please call 0161 624 6811 to speak to Corinne Bailey-Brown in our Family Department or email cb@wrigleyclaydon.com.

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Shalish Mehta

Shalish acts on behalf of both private individuals and commercial clients, bringing or defending claims in the High Court or the County Court. Shalish is fluent in Gujarati and will happily represent those for whom Gujariti is the first language, in English. Shalish is also able to advise and assist with negotiations to resolve disputes, avoiding the need for court proceedings. Shalish joined the firm 10 years ago, very shortly after he qualified as a solicitor. Shalish is a keen sportsman, regularly playing cricket and five-a-side football. He is also a self-confessed foodie, taking great pleasure in sampling different cuisines from around the world. Currently, Shalish is pursuing his interest in languages, attending evening Spanish lessons at a local college.