Well, yes, hmmm

Of course it is possible for rape to take place within a relationship. And yet:

A mother whose rape claim was dismissed by a High Court judge with “outdated views” on sexual assault has won an appeal.

In January, Ms Justice Russell criticised a male colleague after he ruled that a woman had not been raped by her violent partner because she “took no physical steps” to stop him during sex.

Judge Robin Tolson QC had concluded, following a private family court hearing, that “because” the woman took “no physical steps” to stop him from raping her – “this did not constitute rape”.

That’s not actually the bit that makes me go “Hmm” at all.

The judge heard that the man and woman had separated more than three years ago, and that their son, now five, has remained in her care.

Family court litigation began after the man asked to be allowed to spend time with the boy.

The woman objected, and said the man had been controlling and had raped her.

That is the bit that makes me go “Hmm”.

12 thoughts on “Well, yes, hmmm”

  1. If consent can be denied in a marriage that needs to cut both ways. If she–usually the woman –withdraws from the lists so to speak–then the spouse should be able to record a number of refusals and use those as grounds for divorce with a different set of rules from the usual. Rules much less favourable to the partner not keeping their end up so to speak.

    Of course that is bad news for the chump trapped with horrible baggage that he doesn’t want to pork anymore but she is still keen. As Benny Hill said in the wife swapping sketch when Henry McGee wanted Benny’s horrible wife ” You want to make love to my wife? I don’t understand–I HAFTA–you don’t”

    As ever the maxim is choose wisely.

  2. As with so many of these rape cases, no one knows what actually happened apart from the two parties. Least of all the judge. You might get a better assessment amongst any mutual friends they might have. A possible & likely scenario is some reconciliation sex that went pear shaped. He saw it as some rumpy pumpy for old times sake that went wrong. She saw it as an attempt to lure him back into the fold that didn’t work. Hell has no fury than a woman scorned. There’ll be people reading this have been there on one side or other. How a judge can get “beyond reasonable doubt out of it” fuck knows. Even if she’d taken an accusation to the police at the time, without some signs of her unsuccessfully resisting or some other evidence it’d still be doubtful.
    Lesson to be learned; stay away from your exes. For that matter stay away from women altogether, you’re not paying by the hour. At least whores are generally honest.

  3. That’s the word, isn’t it, “controlling”. Means even the mildest attempt to stop the the bint from doing whatever the fuck she likes. Object to her going out on the pull with her mates? Controlling. Ask her to fetch a beer? Controlling. What used to be considered normal husband behavior is now grounds for divorce. As ever, roll on Sharia.

  4. I have no idea whether rape took place or not, but in my time as a Police officer helped investigate quite a few allegations of rape. “Unlawful sexual intercourse through force, fear, or fraud” is the basic definition of the offence. Some victims stated they were so afraid, they literally froze with fear, therefore putting up no resistance. One woman said that she was determined to give her rapist as little pleasure as possible by not struggling and simply lay there inert. Were they raped? Evidence proved that the majority of them, including the woman referred to last, definitely were, but this why rape offences are so difficult to deal with. My only comment, or opinion, is that, when it is proven that the offence did not take place and the allegation is one of vindictiveness, the woman should be given the same sentence the man would have received if he had been found guilty.

  5. Penseviat–trouble with that idea is that the woman isn’t going to give up a false story if she is going to get what the convicted man would get if she does. Sounds just but the bitch will cling to her lies like a leech. The only good thing about the soft treatment given them is that they have more incentive to give up the lie if the situation is he said/she said. Some female accusers get cold feet after the initial “Hell hath” scenario becomes a bit too real. Not the psychopaths obviously but some women with a too high opinion of their place and entitlements in the Universe.

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

    How very convenient. My spidey-senses are telling me that she’s a lying whore who just wants to screw the man out of access to “HER” child. Why? Because that’s exactly what they always do. Mine behaved exactly the same way (rape allegations notwithstanding)

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