Tag Archives: marriage immunity

ILN Today Post

“Marital Immunity” – Is there such a thing as immunity in a marriage?

There has been much debate as to whether a husband can be guilty of raping his wife.

There are various schools of thought which seem to suggest yea and nay! What say you?

It has been a long common law principle that “a husband cannot be guilty of rape upon his lawful wife because of the marriage contract”. It is also said  that upon marriage the wife consents to her husband’s exercise of his marital rights. As such a wife’s consent can only be withdrawn in certain circumstances such as her death, or if the marriage was voided by an Act of Parliament, a Separation Order, a Decree Nisi, an undertaking, a deed of separation or a family protection order. More…

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