R v J. (Rape: Marital Exemption)

JurisdictionEngland & Wales
Year1991
Date1991
CourtCrown Court
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4 cases
  • R v R [1991]
    • United Kingdom
    • House of Lords
    • 23 October 1991
    ...does not consent to the intercourse or he is reckless as to whether she consents to it …" 22 In Reg v. J. (Rape: Marital Exemption) [1991] 1 All E.R. 759 a husband was charged with having raped his wife, from whom he was living apart at the time. Rougier J. ruled that the charge was bad, ho......
  • PGA v The Queen
    • Australia
    • High Court
    • 30 May 2012
    ...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......
  • R v R (a Husband)
    • United Kingdom
    • Court of Appeal (Criminal Division)
    • 14 March 1991
    ...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 provided: "(1) For the purposes of sec......
  • Garcia v National Australia Bank Ltd
    • Australia
    • High Court
    • Invalid date
1 books & journal articles
  • Criminalizing marital rape: a comparison of judicial and legislative approaches.
    • United States
    • Vanderbilt Journal of Transnational Law Vol. 39 No. 2, March - March 2006
    • 1 March 2006
    ...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 (......

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