R v. R [1991]
[1991] UKHL 12, [1992] 1 AC 599 · House of Lords · United Kingdom
Summary
Major criminal law and gender justice decision.
Facts
A husband was charged with raping his wife while they were separated.
Issue
Did a marital rape exemption remain part of common law?
Held
No. The exemption was no longer recognized.
Ratio Decidendi
A spouse can be criminally liable for rape of the other spouse.
Reasoning
The common law can evolve, and marriage does not imply irrevocable consent.
Significance
Major criminal law and gender justice decision.
Related Cases
No related cases listed.
Exam Tips
Review the ratio and reasoning before applying this case in problem questions.