Judge backs ban on abusers using civil and family courts to harass victims
Banning perpetrators of domestic abuse from harassing their victims through the family and civil courts is a matter of priority, a senior judge has said.
Banning perpetrators of domestic abuse from harassing their victims through the family and civil courts is a matter of priority, a senior judge has said.
Sir James Munby, President of the High Courts Family Division, has backed calls to close a loophole allowing offenders to cross-examine their victims despite the practice being banned in criminal courts.
However, Sir James added that he does not have the authority to introduce such a ban without parliamentary backing.
A spokesperson said: [Sir James] has been raising since 2014 the pressing need to reform the way in which vulnerable people give evidence in family proceedings.
He has made clear his view that the family justice system lags woefully behind the criminal justice system.
He has expressed particular concern about the fact that alleged perpetrators are able to cross-examine their alleged victims, something that, as family judges have been pointing out for many years, would not be permitted in a criminal court.
Reform is required as a matter of priority.
The escalating problem of abusers and stalkers exploiting civil and family courts was highlighted in November by campaigner Claire Waxman.
Ms Waxman, herself a victim of harassment, released a report into Abuse of Process and intends to draft a Bill to address the issue.
In one case examined by the study, a woman known as Lucy was taken to court 15 times by her former partner, costing her approximately £25,000.
Ms Waxmans own stalker, 41-year-old Elliot Fogel, was sentenced to three and a half years imprisonment in April 2015 after his fifth prosecution.
Fogel had attempted to sue Ms Waxman, claiming she was committing libel by discussing his 12-year campaign of harassment with the media.
The Metropolitan Police Service welcomed the sentence, with Detective Constable Daniel Candler describing Fogels actions as cynical attempts to subvert the civil judicial system.
Ms Waxmans group, Voice4Victims, has already submitted amendments to the Police and Crime Bill to implement a victims rights law.
Sir James statement was commended by Hove and Portslade MP Peter Kyle an outspoken critic of the loophole in the courts.
Mr Kyle told the Brighton and Hove News: The second Parliament returns in the new year Ill be pressing the Prime Minister to bring an end to victims being cross examined by criminal abusers once and for all.
This barbarism must be brought to an end.