(Crown Court at Manchester) The defendant could not be convicted of rape upon his wife despite there being a family protection order in her favour and he had had sexual intercourse with her against her will.
Judges:
Fawcus J
Citations:
[1990] Crim LR 198
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.194947