Rape is regarded as an aggravated assault, of which the achievement of sexual intercourse is the worst aggravating feature.
Judges:
Lord Emslie
Citations:
1989 SLT 469
Cited by:
Followed – 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 . .
Followed – Regina v C (rape: marital exemption), Crwn 1991
(Crown Ct at Sheffield) There were nine counts in an indictment against a husband and a co-accused charging various offences of a sexual nature against an estranged wife. One of these was of rape as a principal.
Held: The whole concept of a . .
Lists of cited by and citing cases may be incomplete.
Scotland, Crime
Updated: 29 April 2022; Ref: scu.194883