The parties to the marriage were living apart, and the wife had taken the husband to court for domestic violence, and the court had accepted his undertaking not further to molest her. He later had intercourse with her and appealed against his conviction for rape.
Held: The proceedings had been enough to revoke any consent implied by the wife by virtue of the marriage and the conviction stood.
Citations:
(1976) 65 Cr App R 22
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.194948
