United Kingdom (1992), House of Lords
R v. R
[1992] 1 A.C. 599
The defendant appealed his conviction for attempted rape on the grounds that a husband cannot rape his wife. The Lords overturned the common law rule which stated that marriage automatically gave consent for sexual intercourse.
“Marriage is in modern times regarded as a partnership of equals and no longer one in which the wife must be the subservient chattel of the husband. Hale's proposition involves that by marriage a wife gives her irrevocable consent to sexual intercourse with her husband under all circumstances and irrespective of the state of her health or how she happens to be feeling at the time. In modern times any reasonable person must regard that conception as quite unacceptable.” (Quoted form Original Judgment)
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