R v J. (Rape: Marital Exemption)
| Jurisdiction | England & Wales |
| Year | 1991 |
| Date | 1991 |
| Court | Crown Court |
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4 cases
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PGA v The Queen
...of the common law.’ R v Miller was a binding precedent in England until 1991. A second case which applied Hale's proposition is R v J — (rape: marital exemption) 100 There are numerous cases, including Australian cases, in which courts have assumed Hale's proposition to be correct at common......
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R v R [1991]
...decision in S. v. H.M. Advocate 1989 S.L.T. 469 and held that the whole concept of a marital exemption in rape was misconceived. He said, at p. 758: "Were it not for the deeply unsatisfactory consequences of reaching any other conclusion on the point, I would shrink, if sadly, from adopting......
- Garcia v National Australia Bank Ltd
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R v R (a Husband)
...consent." Since the ruling in July 1990 there had been two other decisions at first instance: R v CUNK ([1991] 1 All ER 755) and R v JUNK ([1991] 1 All ER 759). In R v C consideration had been given to section 1 of the Sexual Offences (Amendment) Act 1976, which "(1) For the purposes of sec......
1 books & journal articles
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Criminalizing marital rape: a comparison of judicial and legislative approaches.
...as "[t]he radical solution"). See also infra text accompanying notes 86-91. (69.) R. v. C., 1 All E.R. at 758. (70.) R. v. J., [1991] 1 All E.R. 759, 765 (Crown Court (71.) Id. (72.) Id. at 767. (73.) Id. at 768. (74.) Id. at 767. (75.) Id. at 768. (76.) R. v. R.[2], [1991] 2 All E.R. 257 (......