There are calls for a judge to be banned from sexual assault cases after he ruled a woman hadn't been raped because she didn't do enough to fight back.
Judge Robin Tolson, the senior family judge in London Central Family Court, ruled against an alleged rape victim in a January court case, saying she had taken "no physical steps" to stop her husband having sex with her against her will.
Therefore, he said, "this did not constitute rape".
Judge Tolson was ruling on custody arrangements for the couple's four-year-old child following their separation. The woman had reported several instances of domestic abuse and had been forced to live in a refuge in 2016, The Sun reports.
After Judge Tolson ruled against her, allowing her husband to spend time with his son, she appealed the decision.
High Court Judge Ms Justice Russell granted the appeal and indicated a retrial would be overseen by a different judge.
In a written ruling, she criticised Judge Tolson's "flawed" original ruling as well as his apparent belief that a rape complainant "must and should physically resist penetration in order to establish a lack of consent".
Shadow policing minister Louise Haigh says Judge Tolson made the same ruling again in a different case on Monday, and wants him banned from all cases concerning domestic or sexual abuse in future.
Metro reports that a private hearing was held at the Central Family Court on Monday and a further hearing has been scheduled.
"Last month it was reported that Justice Tolson... found that a woman had not been raped because she hadn't taken sufficient physical steps to protect herself," Ms Haigh, the MP for Sheffield, said during Business Questions in Parliament on Thursday.
"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?"
Commons Leader Jacob Rees-Mogg said he agreed with her point but wouldn't comment on Judge Tolson's rulings.
"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," he replied.
"I am however very limited as to what I can say about individual judges."