{"id":5260,"date":"2018-03-07T09:26:59","date_gmt":"2018-03-07T09:26:59","guid":{"rendered":""},"modified":"2021-09-29T11:29:17","modified_gmt":"2021-09-29T11:29:17","slug":"r-v-r-1992","status":"publish","type":"post","link":"https:\/\/www.lawteacher.net\/cases\/r-v-r-1992.php","title":{"rendered":"R v R – 1992"},"content":{"rendered":"

Legal Case Summary<\/h2>\n

R v R [1992] 1 AC 599<\/strong><\/p>\n

Attempted Rape \u2013 No Consent \u2013 Husband and Wife \u2013 s1(1) Sexual Offences (Amendment) Act 1976 \u2013 Marital Rape Exemption \u2013 Common Law Fiction<\/p>\n

Facts<\/h3>\n

The defendant married his wife (complainant) in August 1984. After the marriage did not work, she moved out in October 1989 and took her son to live with her parents. At the time of the incident in November 1989, they were separated but not legally divorced. The defendant broke in to her parents\u2019 home and attempted to have sexual intercourse with the complainant who did not consent. The defendant was charged with attempted rape under s1(1) of the Sexual Offences (Amendment) Act 1976 and with assault occasioning actual bodily harm under s47 Offences Against the Person Act 1861.<\/p>\n

Issues<\/h3>\n

The defendant appealed his conviction on the issues of attempted rape and consent against s1(1) of the Sexual Offences (Amendment) Act 1976. He argued on the grounds of the marital rape exemption that existed under the common law of England and the principle that a husband could not rape his wife, as the contract of marriage gave irrevocable consent.<\/p>\n

Decision\/Outcome<\/h3>\n

The court upheld his conviction for attempted rape. There was no marital rape exception under English law and this was a \u2018common law fiction\u2019 that existed. The concept of irrevocable consent of a wife to her husband was classed as unacceptable concept in modern times; each is seen as equal partners in a marriage. The relationship between the parties to rape does not matter; rape is rape. The word \u2018unlawful\u2019 that is included in the definition of rape under the Sexual Offences (Amendment) Act 1976 was said to include marital rape.<\/p>\n","protected":false},"excerpt":{"rendered":"

The defendant married his wife (complainant) in August 1984. After the marriage did not work, she moved out in October 1989 and took her son to live with her parents. At the time of the incident in November 1989, they were separated but not legally divorced.<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[2],"tags":[85],"class_list":["post-5260","post","type-post","status-publish","format-standard","hentry","category-cases","tag-uk-law"],"yoast_head":"\nR v R - 1992 | LawTeacher.net<\/title>\n<meta name=\"description\" content=\"The defendant married his wife (complainant) in August 1984. After the marriage did not work, she moved out in October 1989 and took her son to live with her parents. At the time of the incident in November 1989, they were separated but not legally divorced.\" \/>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.lawteacher.net\/cases\/r-v-r-1992.php\" \/>\n<meta property=\"og:locale\" content=\"en_GB\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"R v R - 1992\" \/>\n<meta property=\"og:description\" content=\"The defendant married his wife (complainant) in August 1984. After the marriage did not work, she moved out in October 1989 and took her son to live with her parents. At the time of the incident in November 1989, they were separated but not legally divorced.\" \/>\n<meta property=\"og:url\" content=\"https:\/\/www.lawteacher.net\/cases\/r-v-r-1992.php\" \/>\n<meta property=\"og:site_name\" content=\"LawTeacher.net\" \/>\n<meta property=\"article:publisher\" content=\"https:\/\/www.facebook.com\/LawTeacherNet\/\" \/>\n<meta property=\"article:author\" content=\"https:\/\/www.facebook.com\/LawTeacherNet\" \/>\n<meta property=\"article:published_time\" content=\"-0001-11-30T00:00:00+00:00\" \/>\n<meta property=\"og:image\" content=\"https:\/\/www.lawteacher.net\/wp-content\/uploads\/2025\/07\/LT-large-logo.webp\" \/>\n\t<meta property=\"og:image:width\" content=\"1920\" \/>\n\t<meta property=\"og:image:height\" content=\"1080\" \/>\n\t<meta property=\"og:image:type\" content=\"image\/webp\" \/>\n<meta name=\"author\" content=\"LawTeacher\" \/>\n<meta name=\"twitter:card\" content=\"summary_large_image\" \/>\n<meta name=\"twitter:creator\" content=\"@LawTeacherNet\" \/>\n<meta name=\"twitter:site\" content=\"@LawTeacherNet\" \/>\n<meta name=\"twitter:label1\" content=\"Written by\" \/>\n\t<meta name=\"twitter:data1\" content=\"LawTeacher\" \/>\n\t<meta name=\"twitter:label2\" content=\"Estimated reading time\" \/>\n\t<meta name=\"twitter:data2\" content=\"1 minute\" \/>\n<script type=\"application\/ld+json\" class=\"yoast-schema-graph\">{\"@context\":\"https:\/\/schema.org\",\"@graph\":[{\"@type\":\"ScholarlyArticle\",\"@id\":\"http:\/\/64.226.118.242:8001\/cases\/r-v-r-1992.php#article\",\"isPartOf\":{\"@id\":\"http:\/\/64.226.118.242:8001\/cases\/r-v-r-1992.php\"},\"author\":{\"name\":\"LawTeacher\",\"@id\":\"https:\/\/wp.lawteacher.net\/#\/schema\/person\/b99962c073c877c4ab8ee3d2486cd56e\"},\"headline\":\"R v R – 1992\",\"datePublished\":\"-0001-11-30T00:00:00+00:00\",\"mainEntityOfPage\":{\"@id\":\"http:\/\/64.226.118.242:8001\/cases\/r-v-r-1992.php\"},\"wordCount\":274,\"publisher\":{\"@id\":\"https:\/\/wp.lawteacher.net\/#organization\"},\"keywords\":[\"UK Law\"],\"articleSection\":[\"Case Summaries\"],\"inLanguage\":\"en-GB\"},{\"@type\":\"WebPage\",\"@id\":\"http:\/\/64.226.118.242:8001\/cases\/r-v-r-1992.php\",\"url\":\"http:\/\/64.226.118.242:8001\/cases\/r-v-r-1992.php\",\"name\":\"R v R - 1992 | LawTeacher.net\",\"isPartOf\":{\"@id\":\"https:\/\/wp.lawteacher.net\/#website\"},\"datePublished\":\"-0001-11-30T00:00:00+00:00\",\"description\":\"The defendant married his wife (complainant) in August 1984. After the marriage did not work, she moved out in October 1989 and took her son to live with her parents. At the time of the incident in November 1989, they were separated but not legally divorced.\",\"breadcrumb\":{\"@id\":\"http:\/\/64.226.118.242:8001\/cases\/r-v-r-1992.php#breadcrumb\"},\"inLanguage\":\"en-GB\",\"potentialAction\":[{\"@type\":\"ReadAction\",\"target\":[\"http:\/\/64.226.118.242:8001\/cases\/r-v-r-1992.php\"]}]},{\"@type\":\"BreadcrumbList\",\"@id\":\"http:\/\/64.226.118.242:8001\/cases\/r-v-r-1992.php#breadcrumb\",\"itemListElement\":[{\"@type\":\"ListItem\",\"position\":1,\"name\":\"Home\",\"item\":\"https:\/\/wp.lawteacher.net\/\"},{\"@type\":\"ListItem\",\"position\":2,\"name\":\"R v R – 1992\"}]},{\"@type\":\"WebSite\",\"@id\":\"https:\/\/wp.lawteacher.net\/#website\",\"url\":\"https:\/\/wp.lawteacher.net\/\",\"name\":\"Law Teacher\",\"description\":\"The Law Essay Professionals\",\"publisher\":{\"@id\":\"https:\/\/wp.lawteacher.net\/#organization\"},\"alternateName\":\"LawTeacher.net\",\"potentialAction\":[{\"@type\":\"SearchAction\",\"target\":{\"@type\":\"EntryPoint\",\"urlTemplate\":\"https:\/\/wp.lawteacher.net\/?s={search_term_string}\"},\"query-input\":{\"@type\":\"PropertyValueSpecification\",\"valueRequired\":true,\"valueName\":\"search_term_string\"}}],\"inLanguage\":\"en-GB\"},{\"@type\":\"Organization\",\"@id\":\"https:\/\/wp.lawteacher.net\/#organization\",\"name\":\"Law Teacher\",\"alternateName\":\"LawTeacher.net\",\"url\":\"https:\/\/wp.lawteacher.net\/\",\"logo\":{\"@type\":\"ImageObject\",\"inLanguage\":\"en-GB\",\"@id\":\"https:\/\/wp.lawteacher.net\/#\/schema\/logo\/image\/\",\"url\":\"https:\/\/www.lawteacher.net\/wp-content\/uploads\/2025\/07\/LT-logo.jpg\",\"contentUrl\":\"https:\/\/www.lawteacher.net\/wp-content\/uploads\/2025\/07\/LT-logo.jpg\",\"width\":250,\"height\":250,\"caption\":\"Law Teacher\"},\"image\":{\"@id\":\"https:\/\/wp.lawteacher.net\/#\/schema\/logo\/image\/\"},\"sameAs\":[\"https:\/\/www.facebook.com\/LawTeacherNet\/\",\"https:\/\/x.com\/LawTeacherNet\",\"https:\/\/api.whatsapp.com\/send\/?phone=447723491966&text&type=phone_number&app_absent=0\"],\"description\":\"Law Teacher provides academic writing services for law students throughout the world.\",\"email\":\"contact@lawteacher.net\",\"telephone\":\"+44 115 966 7966\",\"numberOfEmployees\":{\"@type\":\"QuantitativeValue\",\"minValue\":\"51\",\"maxValue\":\"200\"}},{\"@type\":\"Person\",\"@id\":\"https:\/\/wp.lawteacher.net\/#\/schema\/person\/b99962c073c877c4ab8ee3d2486cd56e\",\"name\":\"LawTeacher\",\"image\":{\"@type\":\"ImageObject\",\"inLanguage\":\"en-GB\",\"@id\":\"https:\/\/wp.lawteacher.net\/#\/schema\/person\/image\/\",\"url\":\"https:\/\/secure.gravatar.com\/avatar\/4fdfab0a9ef25209f111018ecc8a983e19e57c5066a9277217a119582ccbeed3?s=96&d=mm&r=g\",\"contentUrl\":\"https:\/\/secure.gravatar.com\/avatar\/4fdfab0a9ef25209f111018ecc8a983e19e57c5066a9277217a119582ccbeed3?s=96&d=mm&r=g\",\"caption\":\"LawTeacher\"},\"description\":\"LawTeacher.net is the UK's leading provider of academic legal support, offering both writing services and an extensive collection of law study resources for students in the UK and overseas. Founded in 2003 by Grey's Inn graduate Barclay Littlewood, the Company was built on a commitment to excellence, with unique guarantees and a high standard of service from day one. The team includes over 500 UK legally qualified writing experts, with many practising solicitors and barristers, and several former lecturers.\",\"sameAs\":[\"https:\/\/www.lawteacher.net\",\"https:\/\/www.facebook.com\/LawTeacherNet\",\"https:\/\/x.com\/LawTeacherNet\",\"https:\/\/gravatar.com\/lawteacherprofile\"],\"knowsAbout\":[\"Contract Law\",\"Criminal Law\",\"Constitutional and Administrative Law\",\"EU Law\",\"Tort Law\",\"Property Law\",\"Equity and Trusts\",\"Jurisprudence\",\"Company Law\",\"Commercial Law\",\"Family Law\",\"Human Rights Law\",\"Employment Law\",\"Evidence\",\"Public International Law\",\"Legal Research and Methods\",\"Dispute Resolution\",\"Business Law and Practice\",\"Civil Litigation\",\"Criminal Litigation\",\"Professional Conduct\",\"Taxation\",\"Wills and Administration of Estates\",\"Solicitors\u2019 Accounts\"],\"url\":\"https:\/\/www.lawteacher.net\/author\/lawteacher\"}]}<\/script>\n<!-- \/ Yoast SEO Premium plugin. -->","yoast_head_json":{"title":"R v R - 1992 | LawTeacher.net","description":"The defendant married his wife (complainant) in August 1984. After the marriage did not work, she moved out in October 1989 and took her son to live with her parents. At the time of the incident in November 1989, they were separated but not legally divorced.","robots":{"index":"index","follow":"follow","max-snippet":"max-snippet:-1","max-image-preview":"max-image-preview:large","max-video-preview":"max-video-preview:-1"},"canonical":"https:\/\/www.lawteacher.net\/cases\/r-v-r-1992.php","og_locale":"en_GB","og_type":"article","og_title":"R v R - 1992","og_description":"The defendant married his wife (complainant) in August 1984. After the marriage did not work, she moved out in October 1989 and took her son to live with her parents. At the time of the incident in November 1989, they were separated but not legally divorced.","og_url":"https:\/\/www.lawteacher.net\/cases\/r-v-r-1992.php","og_site_name":"LawTeacher.net","article_publisher":"https:\/\/www.facebook.com\/LawTeacherNet\/","article_author":"https:\/\/www.facebook.com\/LawTeacherNet","article_published_time":"-0001-11-30T00:00:00+00:00","og_image":[{"width":1920,"height":1080,"url":"https:\/\/www.lawteacher.net\/wp-content\/uploads\/2025\/07\/LT-large-logo.webp","type":"image\/webp"}],"author":"LawTeacher","twitter_card":"summary_large_image","twitter_creator":"@LawTeacherNet","twitter_site":"@LawTeacherNet","twitter_misc":{"Written by":"LawTeacher","Estimated reading time":"1 minute"},"schema":{"@context":"https:\/\/schema.org","@graph":[{"@type":"ScholarlyArticle","@id":"http:\/\/64.226.118.242:8001\/cases\/r-v-r-1992.php#article","isPartOf":{"@id":"http:\/\/64.226.118.242:8001\/cases\/r-v-r-1992.php"},"author":{"name":"LawTeacher","@id":"https:\/\/wp.lawteacher.net\/#\/schema\/person\/b99962c073c877c4ab8ee3d2486cd56e"},"headline":"R v R – 1992","datePublished":"-0001-11-30T00:00:00+00:00","mainEntityOfPage":{"@id":"http:\/\/64.226.118.242:8001\/cases\/r-v-r-1992.php"},"wordCount":274,"publisher":{"@id":"https:\/\/wp.lawteacher.net\/#organization"},"keywords":["UK Law"],"articleSection":["Case Summaries"],"inLanguage":"en-GB"},{"@type":"WebPage","@id":"http:\/\/64.226.118.242:8001\/cases\/r-v-r-1992.php","url":"http:\/\/64.226.118.242:8001\/cases\/r-v-r-1992.php","name":"R v R - 1992 | LawTeacher.net","isPartOf":{"@id":"https:\/\/wp.lawteacher.net\/#website"},"datePublished":"-0001-11-30T00:00:00+00:00","description":"The defendant married his wife (complainant) in August 1984. After the marriage did not work, she moved out in October 1989 and took her son to live with her parents. At the time of the incident in November 1989, they were separated but not legally divorced.","breadcrumb":{"@id":"http:\/\/64.226.118.242:8001\/cases\/r-v-r-1992.php#breadcrumb"},"inLanguage":"en-GB","potentialAction":[{"@type":"ReadAction","target":["http:\/\/64.226.118.242:8001\/cases\/r-v-r-1992.php"]}]},{"@type":"BreadcrumbList","@id":"http:\/\/64.226.118.242:8001\/cases\/r-v-r-1992.php#breadcrumb","itemListElement":[{"@type":"ListItem","position":1,"name":"Home","item":"https:\/\/wp.lawteacher.net\/"},{"@type":"ListItem","position":2,"name":"R v R – 1992"}]},{"@type":"WebSite","@id":"https:\/\/wp.lawteacher.net\/#website","url":"https:\/\/wp.lawteacher.net\/","name":"Law Teacher","description":"The Law Essay Professionals","publisher":{"@id":"https:\/\/wp.lawteacher.net\/#organization"},"alternateName":"LawTeacher.net","potentialAction":[{"@type":"SearchAction","target":{"@type":"EntryPoint","urlTemplate":"https:\/\/wp.lawteacher.net\/?s={search_term_string}"},"query-input":{"@type":"PropertyValueSpecification","valueRequired":true,"valueName":"search_term_string"}}],"inLanguage":"en-GB"},{"@type":"Organization","@id":"https:\/\/wp.lawteacher.net\/#organization","name":"Law Teacher","alternateName":"LawTeacher.net","url":"https:\/\/wp.lawteacher.net\/","logo":{"@type":"ImageObject","inLanguage":"en-GB","@id":"https:\/\/wp.lawteacher.net\/#\/schema\/logo\/image\/","url":"https:\/\/www.lawteacher.net\/wp-content\/uploads\/2025\/07\/LT-logo.jpg","contentUrl":"https:\/\/www.lawteacher.net\/wp-content\/uploads\/2025\/07\/LT-logo.jpg","width":250,"height":250,"caption":"Law Teacher"},"image":{"@id":"https:\/\/wp.lawteacher.net\/#\/schema\/logo\/image\/"},"sameAs":["https:\/\/www.facebook.com\/LawTeacherNet\/","https:\/\/x.com\/LawTeacherNet","https:\/\/api.whatsapp.com\/send\/?phone=447723491966&text&type=phone_number&app_absent=0"],"description":"Law Teacher provides academic writing services for law students throughout the world.","email":"contact@lawteacher.net","telephone":"+44 115 966 7966","numberOfEmployees":{"@type":"QuantitativeValue","minValue":"51","maxValue":"200"}},{"@type":"Person","@id":"https:\/\/wp.lawteacher.net\/#\/schema\/person\/b99962c073c877c4ab8ee3d2486cd56e","name":"LawTeacher","image":{"@type":"ImageObject","inLanguage":"en-GB","@id":"https:\/\/wp.lawteacher.net\/#\/schema\/person\/image\/","url":"https:\/\/secure.gravatar.com\/avatar\/4fdfab0a9ef25209f111018ecc8a983e19e57c5066a9277217a119582ccbeed3?s=96&d=mm&r=g","contentUrl":"https:\/\/secure.gravatar.com\/avatar\/4fdfab0a9ef25209f111018ecc8a983e19e57c5066a9277217a119582ccbeed3?s=96&d=mm&r=g","caption":"LawTeacher"},"description":"LawTeacher.net is the UK's leading provider of academic legal support, offering both writing services and an extensive collection of law study resources for students in the UK and overseas. Founded in 2003 by Grey's Inn graduate Barclay Littlewood, the Company was built on a commitment to excellence, with unique guarantees and a high standard of service from day one. The team includes over 500 UK legally qualified writing experts, with many practising solicitors and barristers, and several former lecturers.","sameAs":["https:\/\/www.lawteacher.net","https:\/\/www.facebook.com\/LawTeacherNet","https:\/\/x.com\/LawTeacherNet","https:\/\/gravatar.com\/lawteacherprofile"],"knowsAbout":["Contract Law","Criminal Law","Constitutional and Administrative Law","EU Law","Tort Law","Property Law","Equity and Trusts","Jurisprudence","Company Law","Commercial Law","Family Law","Human Rights Law","Employment Law","Evidence","Public International Law","Legal Research and Methods","Dispute Resolution","Business Law and Practice","Civil Litigation","Criminal Litigation","Professional Conduct","Taxation","Wills and Administration of Estates","Solicitors\u2019 Accounts"],"url":"https:\/\/www.lawteacher.net\/author\/lawteacher"}]}},"_links":{"self":[{"href":"https:\/\/www.lawteacher.net\/wp-json\/wp\/v2\/posts\/5260","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.lawteacher.net\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.lawteacher.net\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.lawteacher.net\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.lawteacher.net\/wp-json\/wp\/v2\/comments?post=5260"}],"version-history":[{"count":0,"href":"https:\/\/www.lawteacher.net\/wp-json\/wp\/v2\/posts\/5260\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.lawteacher.net\/wp-json\/wp\/v2\/media?parent=5260"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.lawteacher.net\/wp-json\/wp\/v2\/categories?post=5260"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.lawteacher.net\/wp-json\/wp\/v2\/tags?post=5260"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}