R v. R [1991]

[1991] UKHL 12, [1992] 1 AC 599 · House of Lords · United Kingdom

criminal law and procedurecriminal law and procedurefamily law

Issue

Did a marital rape exemption remain part of common law?

Held

No. The exemption was no longer recognized.

Exam use

Review the ratio and reasoning before applying this case in problem questions.

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.

Essay-Ready Explanation Generator

Version 1 of 4

Reference to R v. R ([1991] UKHL 12, [1992] 1 AC 599) strengthens a criminal law and procedure answer because the case reflects the principle that A spouse can be criminally liable for rape of the other spouse. Applied to a problem question, the case should be used after identifying the issue as Did a marital rape exemption remain part of common law? The stronger essay move is to connect the material facts to the court's holding, then explain whether the present facts support the same conclusion or justify distinguishing the authority.

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.

Revision Checklist

  • Name the issue before discussing facts so the marker sees the legal question immediately.
  • State the holding in one sentence, then use the ratio to explain why the court reached that result.
  • Use the citation and jurisdiction to show why this authority matters for the problem you are answering.
  • Pair this case with one supporting or contrasting authority if the question tests limits, policy, or exceptions.

Sources