R v R

Facts

The husband was charged with raping his wife. They were still married. He said the common law gave him immunity.

Issue

Can a husband be guilty of raping his wife?

Held

Yes. The House of Lords held that the supposed marital immunity is not the law. Marriage is no longer a standing consent to intercourse.

Principle

A husband can be convicted of the rape of his wife if the other elements are proved.

Why it matters

The lecture's statement of an immunity is the law that R v R rejected. In Sierra Leone the offence is the Sexual Offences Act 2012.

For study only. By lanbuk.com. Always check current sources and consult a qualified professional.