The parties to the marriage were living separately under a deed of separation. The husband appealed a conviction for rape.
Held: The deed was enough to establish that the husband could not rely upon any implied consent by his wife as a defence.
Citations:
[1986] Crim LR 188
Jurisdiction:
England and Wales
Cited by:
Cited – Regina v R HL 23-Oct-1991
H has no right to sexual intercourse with W – rape
The defendant appealed against his conviction for having raped his wife, saying that intercourse with his wife was necessarily lawful, and therefore outside the statutory definition of rape. Due to the matrimonial difficulties, the wife had left . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 06 May 2022; Ref: scu.194946