The court upheld his conviction for attempted rape. He argued on the grounds of the marital rape exemption that existed under the common law of England and the principle that a husband could not rape his wife, as the contract of marriage gave irrevocable consent. The defendant appealed his conviction on the issues of attempted rape and consent against s1(1) of the Sexual Offences (Amendment) Act 1976. The defendant was charged with attempted rape under s1(1) of the Sexual Offences (Amendment) Act 1976 and with assault occasioning actual bodily harm under s47 Offences Against the Person Act 1861. The defendant broke in to her parents’ home and attempted to have sexual intercourse with the complainant who did not consent. ![]() At the time of the incident in November 1989, they were separated but not legally divorced. After the marriage did not work, she moved out in October 1989 and took her son to live with her parents. The defendant married his wife (complainant) in August 1984. Share this: Facebook Twitter Reddit LinkedIn WhatsApp Legal Case SummaryĪttempted Rape – No Consent – Husband and Wife – s1(1) Sexual Offences (Amendment) Act 1976 – Marital Rape Exemption – Common Law Fiction Facts
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