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.
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