Sheffield MP reveals judge who ruled woman was not raped because she did not resist attack 'made the same ruling again' as recently as Monday

Sheffield Heeley MP Louise Haigh has said a judge who found a woman was not raped because she took no physical steps to stop it must not preside over future rape cases, as she revealed he had again made the same ruling just days ago.

Judge Robin Tolson ruled in January that because the woman had taken "no physical steps" to stop a man from raping her, "this did not constitute rape", and consequently ruled against her.

But Ms Haigh, who is also Shadow Policing Minister, has said Judge Tolson is "still overseeing cases around domestic abuse and rape" in family courts and made the same ruling as recently as Monday

She called for the judge to "immediately recuse himself from all cases involving domestic abuse".

Sheffield Heeley Labur MP Louise Haigh. Photo: JPI Media

Ms Haigh said: "Last month it was reported that Justice Tolson, the senior family judge in London Central Family Court, found that a woman had not been raped because she hadn't taken sufficient physical steps to protect herself.

"The Court of Appeal found that his judgment was 'manifestly at odds with current jurisprudence and based on obsolescent concepts around consent'.

"Justice Tolson is still overseeing cases around domestic abuse and rape in the family courts, and just this Monday, despite the Court of Appeal judgment, he made the same ruling again.

"Complaints have been made to the judicial ombudsman and it's obviously right that this is handled completely independently of this place, but does the Leader not agree that this judge should immediately recuse himself from all cases involving domestic abuse.

"And that the Ministry of Justice's review should be published urgently to ensure that victims of rape and domestic abuse are not re-traumatised by the family justice system."

Responding during business questions, Commons Leader Jacob Rees-Mogg replied: "I absolutely hear and understand what Ms Haigh is saying and her last point, that witnesses should not be re-traumatised, is absolutely right and fundamental and in our justice system victims ought to be at the heart of it and ought to be protected.

"I am however very limited as to what I can say about individual judges."