Court hearing where Suffolk woman could see ex she'd accused of sexual assault ruled 'unfair'
A judge said there was no "proper consideration" of the woman's "vulnerability"
A judge has ruled it was "unfair" to make a Suffolk woman face her ex-partner in court, who she'd accused of serious sexual assault, even if it was virtual.
Mr Justice Theis, who is based in the Family Division of the High Court, says there was no "proper consideration" of the woman's "vulnerability" at the hearing.
She has ruled that findings made by the family court judge who oversaw the hearing cannot stand and indicated that another judge will reconsider the woman's allegations.
The woman, who lives near Ipswich, had appealed against "fact-finding" decisions made by Recorder Rebecca Bradberry at a private hearing in September.
She said the quality of her evidence was "diminished" because the man was looking at her when she answered questions from lawyers.
Mrs Justice Theis had overseen a recent public appeal hearing in Court 33 in the Royal Courts of Justice, in London, and has outlined her conclusions in a written ruling.
The man and woman are embroiled in family court litigation centred on a child.
Recorder Bradberry had been asked to make findings about the woman's allegations of rape, sexual abuse, domestic abuse and coercive control.
The woman's ex-partner denied rape and said her appeal should be dismissed.
Central concerns
Barrister Charlotte Proudman, who represented the woman, said the central issue was whether she should have been shielded from the man when giving evidence.
Dr Proudman said they had been able to see each other at the hearing because both of their cameras were switched on.
She suggested the woman might have been intimidated by the sight of her alleged abuser.
The man told Mrs Justice Theis that Recorder Bradberry had made findings in his favour and said justice had been done.
He said the woman had been "lying" and told Mrs Justice Theis that the outcome of the case had "nothing to do" with his camera being on.
Mrs Justice Theis said Recorder Bradberry had not considered provisions aimed at protecting vulnerable litigants - and lawyers had not referred her to them.
"In reaching conclusions about the mother's lack of credibility, (Recorder Bradberry) relied upon inconsistencies in her oral evidence and the way she gave her evidence," said Mrs Justice Theis.
"The mother states she was distressed and anxious and that such feelings were triggered by the father watching her when she gave her evidence."
Mr Justice Theis, who said he child at the centre of the case cannot be identified in media reports: added: "The hearing was unfair and the conclusions reached cannot remain in place."