Rape victim can publish her own articles over family court experience, judge rules

By 3rd April 2025News EnglandCourts / Justice, News England, Rape, Sexual Abuse, Victim Support

A mother who was found to be a victim of rape and serious domestic abuse can publish media articles about her experiences of the family justice system after being left feeling “let down”, a High Court judge has ruled.

The woman, referred to only as Ms M, claimed her case was of “public interest” and also wanted to speak at events organised by women’s and children’s rights groups, using an alias, about her experiences.

In 2023, a judge found on the balance of probabilities that the father in the case – known as Mr F – had committed serious domestic abuse and rape against the woman, and banned him from seeing their child and revoked his parental responsibility, but only after she appealed against a different judge’s decision not to make any findings.

The man did not oppose the woman’s bids, but also asked the High Court for an “equal right” to publish information about the case himself, claiming he was the “subject of a miscarriage of justice” through the findings made against him.

Following a hearing in February and another on Wednesday, Ms Justice Harris ruled that the woman could publish media articles about her experiences and speak at events run by other organisations.

In her judgment, she said the court was “profoundly sympathetic” to the mother’s position, and that the woman had “clear rights… to be able to tell her story in her own words”.

She said: “In this case there is a strong public interest in there being an open and informed public debate about the way in which the family justice system approaches disputed allegations of rape, domestic abuse and parental alienation in private law proceedings involving contact with a child.

“Whilst the media plays an important role in reporting these issues, hearing directly from victims as to how they have experienced the system and the impact the proceedings have had upon both them and the child can be particularly powerful.

“Those direct voices can often prove invaluable in ensuring informed discussion and debate.”

While rules around transparency in reporting family court cases allow parties to speak to accredited journalists, they are unable to write or speak directly about their own experiences.

Ms Justice Harris said that the case is believed to be one of the first private law children’s cases in which a transparency order was made, allowing accredited journalists and legal bloggers to report on cases as they unfold, as they would in criminal courts, provided the families and certain professionals involved remain anonymous.

The woman told the court in a witness statement that she was being caused “emotional distress” by her “silencing”, which she said amounted to “further coercive and controlling behaviour”.

She said: “There is a distinct lack of survivor stories, due to the secrecy of the systems involved.

“In any other walk of life, you are able to complain and discuss a process or system that has failed you or has not worked in your best interest – a bad healthcare experience, poor customer service at a retailer or a poor interaction with private sector company for example.

“However, there remains a requirement not to talk about what happens within the family justice system.”

Ms Justice Harris dismissed the father’s bid to publish his own media articles and speak at events, finding that any publications by him “will constitute a significant and potentially harmful interference” with the woman’s privacy.