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A mother whose rape claim was dismissed by a High Court judge with “outdated views” on sexual assault has won an appeal.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