In R v R (A Husband) (1991), the House of Lords decided whether a husband could be criminally liable for raping his wife. The case challenged the long-standing common law principle which asserted that a wife could not retract consent to intercourse once given upon marriage.
Also known as: R v R (A Husband), R (Rape: Marital Exemption), Re
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🏛️ Court: House of Lords 🗓️ Judgment Date: 23 October 1991 🗂️ Where Reported: [1992] 1 A.C. 599; [1991] 3 W.L.R. 767; [1991] 4 All E.R. 481 📍 Jurisdiction: United Kingdom
⚖️ Legal Principles
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Marital Consent is Revocable: The House of Lords declared that a wife’s consent to sexual intercourse is not irrevocable upon marriage, overturning the long-standing common law principle that a husband could not be guilty of raping his wife.