Case Note for RvR Essay Example | Topics and Well Written Essays - 1500 words

Case Note for RvR - Essay Examplet could instal unlawful sexual intercourse, as defined under Section 1(1) of the Sexual Offences represent of 1956 (4) The wifes marital consent to intercourse had non been revoked, either by a appeal order or by an agreement between the parties. As a result, the question that arose in these sight was whether, despite her refusal to consent, the wife could have been held to have consented by the position of the marriage.4. The trial judges directions to the control board stated that there appeared to be ample grounds to indicate that consent to sexual intercourse had been withdraw by an agreement between the parties. Firstly, the parties were not cohabiting. Secondly, the husbands act in phoning his wife and coition her he intended to see about a divorce conventional implicit consent. On this basis, the quest could prove a charge of rape or attempted rape against the husband.5. The first fact is not material to the disputed issue of rape. Th e second fact, i.e, defendant had mentioned his intent to seek a divorce, is a pertinent and material fact, because it revokes by implied mutual agreement, the consent to sexual intercourse that is imposed by marriage and spell out out under Hales common law manage. Hence, it establishes that the husbands act constituted rape. It also establishes that he is not eligible for immunity under Hales rule. The third fact is also material and relevant, because it establishes the second ground of bodily assault.6. The marital exemption itself refers to the common law rule wherein upon marriage, an assumption is made that the wife consents to sexual intercourse with her husband. This presumption may however be rebutted by evidence that the wife did not in fact, consent. To enforce this rebuttal, some exceptions have been established, when a wife passel say no, such as when her health is in danger or when the mans actions constitute assault. These and other exceptions have been spelt out by case precedent