Rex v Clarke: 1949

The defendant was accused of the rape of his wife and assault. At the time they were separated by virtue of a court order recently obtained by her. He replied that the offence alleged was not known to law because of the marriage.
Held: The separation order amounted to a withdrawal by the wife of the consent implied by the marriage. He could be guilty of the rape alleged.

[1949] 2 All ER 448, 33 Cr App Rep 216
England and Wales
Cited by:
FollowedRegina v Miller Assz 1954
A husband was charged with rape of his wife after she had left him and petitioned for divorce. He was also charged with an assault.
Held: There was no evidence which entitled the court to say that the wife’s implied consent to marital . .
CitedRegina 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.


Leading Case

Updated: 02 November 2021; Ref: scu.194940