R v R [1992] 1 AC 599

R V R [1992] 1 AC 599

TABLE OF CONTENTS
Legal issues identified in the case..............................................................................................3
Analysis by both the Court of Appeals and Lord keith of kinkel in the house of lord..............3
Ratio decidendi of the House of Lords......................................................................................5
Significance of the term ‘unlawful’ in s.1(1) of the Sexual Offences (Amendment) Act 1976.5
Bibliography...............................................................................................................................8

LEGAL ISSUES IDENTIFIED IN THE CASE
The case of R v R is related with the norms of law, in which interpretation of wordings of law
may lead to unjust decision in the changing scenario. In this case, husband (accused party)
was convicted for sexual assault with his wife, by which she suffered from severe injuries1.
Due of this incident, the wife started living with her parent and left to her husband by taking
advise from legal practitioner. However there was no legal separation takes place between the
wife and husband. Moreover the institution related with the crime charged contented that the
husband is also responsible for the damage of the residential house of wife’s parents along
with marital rape charges.
The accused argued that there is no such crime committed by him by giving justification of
exemption of martial rape according to the common law2. Further the husband R, argued that
it was not probable for a husband to rape of wife as after the marriage it was the right of the
husband to enter into the sexual relationship with his wife and it cannot be withdraw by the
wife subsequently3. Moreover traditionally marriages is regarded as an foundation, by which
the husband is entitled to get the control over his wife and with this regards control by
entering into the sexual relationship is only a part of a more control. In layman language, he
firmly believed that after the marriage the wife gave the irrevocable consent to her husband
for sexual intercourse.
As per the principle of the English law, it has been stated that, it cannot be expected that the
husband could rape his wife4. With this regards, R v R is the first case in which the appeal
made to the House of Lords related with the issues of martial rape exemption.
ANALYSIS BY BOTH THE COURT OF APPEALS AND LORD
KEITH OF KINKEL IN THE HOUSE OF LORD
For addressing the issues stated in the R v R case, the court has taken into account the various
previous judgements given by the other court of appeal as well as house of lord. The cases are
similar with the issues contained in the R v R case; therefore it is essential to consider the
1R v R [1991] UKHL 12
2 Jonathan Herring. Criminal law: text, cases, and materials. (Oxford University Press, USA, 2014).
3UKHL 12
4 Mia L. Cahill, The social construction of sexual harassment law: the role of the national, organizational and
individual context. (Routledge, 2018).