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About: R v R     Goto   Sponge   NotDistinct   Permalink

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R v R [1991] UKHL 12 is a decision in which the House of Lords determined that under English criminal law, it is a crime for a husband to rape his wife. In 1990, the defendant, referred to in the judgment only as R to protect the identity of the victim, had been convicted of attempting to rape his wife. He appealed the conviction on the grounds of a purported marital rape exemption under common law. R claimed that it was not legally possible for a husband to rape his wife, as the wife had given irrevocable consent to sexual intercourse with her husband through the contract of marriage, which she could not subsequently withdraw.