R v R [1991]
| Jurisdiction | England & Wales |
| Judgment Date | 26 January 1994 |
| Date | 26 January 1994 |
| Court | Court of Appeal (Criminal Division) |
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88 cases
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R v Barry C
... ... The appeal arises from the trial judge's refusal to stay count 3 as an abuse of process. The argument, persuasively deployed by Mr Marson QC, is simply expressed. In our jurisdiction it was not until the decision of the Court of Appeal in March 1991 in R v R [1992] 1 AC 599 that a man could be convicted of raping his wife during the subsistence of a marriage. Before then, in law a woman was deemed to have given irrevocable consent to sexual intercourse with her husband. This count, alleging rape, would not have been treated as an offence of ... ...
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X City Council v MB and Others
...R v Pressy (1867) 10 Cox 635, CCA. R v R (rape: marital exemption) [1991] 4 All ER 481, [1992] 1 AC 599, [1991] 3 WLR 767, HL; affg [1991] 2 All ER 257, [1992] 1 AC 599, [1991] 2 WLR 1065, R v Williams [1923] 1 KB 340, [1922] All ER Rep 433, CCA. Scott v Scott (orse Fone) [1959] 1 All ER 53......
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H v H (Divorce: Financial Provision)
...Keith of Kinkel approved Lord Emslie's observation that 'husband and wife are now for all practical purposes equal partners in marriage': R v R [1992] 1 AC 599, 617. This is now recognised widely, if not universally. The parties commit themselves to sharing their lives. They live and work t......
- Re Proulx
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6 books & journal articles
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Table of Cases
...2 WLR 210, [1972] 1 All ER 145, HL 181 R v R (Rape: Marital Exemption) [1992] 1 AC 599, [1991] 3 WLR 767, [1991] 4 All ER 481, HL; [1991] 2 WLR 1065, [1991] 2 All ER 257, (1991) 93 Cr App R 1, CA 5–6, 62, 172, 177 R v Rose (1993) A Crim R 1 167 R v Secretary of State for the Home Department......
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Matrimonial Property
...equal share rule (or the 50/50 rule) is derived from the now well established view that marriage is a partnership of equals (see R v R [1992] 1 AC 599, 617 per Lord Keith of Kinkel). So it has been said that because marriage is a partnership of equals with the parties committing themselves ......
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Legality and Reality: Some Lessons from the Pitcairn Islands
...not do so, but if they wereto give him conscientious advice about the true state of the law, they 61 R v R (Rape: Marital Exemption) [1991] 2 All ER 257.62 CR v United Kingdom [1996] 1 FLR 434 at [41].63 Ibid. at [42].64 R v C [2004] 3 All ER 1, Legality and Reality: Some Lessons from the P......
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Marital Rape and the Cultural Defence in South Africa
...by Swartz, the Appeal Court i n this instance recognised that, by this tim e, English law rejected the m arital rape exemption (R v R [1991] 2 All ER 257 (HL); R v R [1992] 1 AC 599, House of Lords: 616) See Swartz et al (2015) Internat ional Journal of Academ ic Research and Refle ction 18......
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