(Crown Court, Bristol) A decree nisi effectively terminated a marriage and revoked the wife’s implied consent to marital intercourse, so that subsequent intercourse by the husband without her consent constituted rape.
Judges:
Park J
Citations:
[1974] 3 All ER 663
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: 21 July 2022; Ref: scu.194945