R v R [1991]

JurisdictionEngland & Wales
CourtCourt of Appeal (Criminal Division)
Judgment Date26 January 1994
Date26 January 1994
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81 cases
  • R v Mohammed Dica
    • United Kingdom
    • Court of Appeal (Criminal Division)
    • 5 May 2004
    ...be indicted for rape of his wife. This "irrevocable privilege", as Hawkins J described it, was finally identified as a fiction in R v R [1992] 1 AC 599. However the artificial notion that sexual intercourse forced on an unwilling wife by her husband was nevertheless bound in law t......
  • R v Barry C
    • United Kingdom
    • Court of Appeal (Criminal Division)
    • 18 March 2004
    ......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 ......
  • Work v Gray
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 11 April 2017
    ...632, [1999] 1 WLR 1360, [1999] 2 FLR 763, HL. Porter v Porter [1969] 3 All ER 640, [1969] 1 WLR 1155, CA. R v R (rape: marital exemption)[1992] 1 AC 599, [1991] 4 All ER 481, [1991] 3 WLR 767, 94 Cr App Rep 216, [1992] 1 FLR 217, HL; affg [1992] 1 AC 599, [1991] 2 All ER 257, [1991] 2 WLR 1......
  • R v Lyons ; R v Parnes ; R v Ronson ; R v Saunders (No 3)
    • United Kingdom
    • House of Lords
    • 14 November 2002
    ...(at least, at an appropriate level in the judicial hierarchy) to say that it was and always had been a mistake, just as the House of Lords in R v R [1992] 1 AC 599 overturned, with retrospective effect, the ancient marital immunity from conviction for rape. But where Parliament has prospec......
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4 books & journal articles
  • Closing the Credibility Gap: The Prosecutorial Use of Expert Witness Testimony in Sexual Assault Cases
    • United Kingdom
    • International Journal of Evidence & Proof, The Nbr. 9-4, December 2005
    • 1 December 2005
    ...Law and Science: Current Legal Issues (Oxford UniversityPress: Oxford, 1998) 178.135 R v Silverlock [1984] 2 QB 766. See also R v Robb (1991) 93 Cr App R 161, R v Inch (1990) 91 CrApp R 51.136 Dempsey, above n. 9 at 20.137 See generally above n. 106.138 As recently evidenced by the cases of......
  • Legality and Reality: Some Lessons from the Pitcairn Islands
    • United Kingdom
    • Journal of Criminal Law, The Nbr. 73-1, February 2009
    • 1 February 2009
    ...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......
  • Court of Appeal
    • United Kingdom
    • Journal of Criminal Law, The Nbr. 68-5, October 2004
    • 1 October 2004
    ...count alleging rape would not have been treated asan offence at the time the behaviour took place—it was not until thedecision in R v R[1992] 1 AC 599 that the marital immunity wasabolished. The appellant claimed that the proceedings violated Article7(1) of the European Convention of Human ......
  • The Judicial Gendering of Citizenship: A Look at Property Interests During Marriage
    • United Kingdom
    • Journal of Law and Society Nbr. 24-4, December 1997
    • 1 December 1997
    ...Australian law in 1991 (see R. v. L.(1991) 103 A.L.R. 577), the same year that the House of Lords abolished the immunity(see R. v. R. [1991] 2 All E.R. 257).24 M. Freeman, ‘Contracting in the Haven: Balfour v. Balfour Revisited’ in Exploring theBoundaries of Contract, ed. R. Halson (1996) 7......

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