R v R 1991 (Matrimonial Rape Exemption); SW v UK, CR v UK 1995

[@eveb9440]

Hello from a french law student who is studying R v R ! thank you for your video which was very helpful and interesting!

[@caselawexplained7319]

Merci Eve B.

[@cdratulgupta3281]

Excellent case study. Thank you for your time in making this video. Your uploads are very helpful.

[@caselawexplained7319]

Thank you Cdr - glad it helped.

[@ClearWayFamilyLawyers]

Awesome video

[@caselawexplained7319]

Thanks CW LC

[@amulyamishra5745]

Excellent explanation sir! But I have a doubt. What are the identifiers which help us determine if the sexual intercourse that took place between a married couple was consensual or not? What if in a case a wife falsely accuses her husband of rape with a malicious intent(let's say someone who is suffering from malignant narcissism)? Forgive my poor English

[@caselawexplained7319]

I am not sure that I know I'm afraid (or that such 'identifiers' can be identified) in the abstract/hypothetical - so much is case dependent and the variables infinite. The evidential factors will not be determined simply by the legal state of marriage itself. Whether an allegation is true or false is a matter upon which juries in common law jurisdictions are often asked to decide - whether the parties are in a relationship is just one of the factors to be considered within their overall determination and this will usually include an assessment of the veracity of the evidence given by each party.

[@amulyamishra5745]

@@caselawexplained7319 Ohh..It's alright! I'm from India and demands for criminalisation of marital rape have created some buzz nowadays. Although, in principle, it seems to be perfectly alright, but these are the few practical concerns that have arisen amongst people hence creating hot debates on social media.

[@Megaritz]

The question of false accusation would apply to rape in general, not only marital rape. There are some difficult questions of evidence in either case, not only in marital rape. I'm not aware of any evidence that marital rape accusations are false more often than nonmarital rape accusations. So I think that, assuming nonmarital rape should be criminalized, marital rape should also be criminalized. Maybe the situation is different in cultures where people rarely have, or (more likely) rarely admit to, nonmarital consensual sex. But if so, I'm not sure how this would weaken the case for criminalizing marital rape.

[@brigittetucker1767]

Let's say the car was driving within the Wednesbury pegs ,what if that property wasn't on Boston Hill how long did the car drive outside bury boundaries before it parked on foot.🤗

[@brigittetucker1767]

In the case was a mentioning of ..in fact inconceivable that Parliament should have had such intentions?ln order that the exception might be preserved..it would be necessary to construct "unlawful".. remembering the slaveact in England only recently came up...l would somehow guess the 1991 cas ed to the Garcia case in

[@brigittetucker1767]

Furthermore the car event in reality happened on Boston Hill before Anne Hutchinsons was sent on her way or at the same time or later can t remember it happened to long ago

[@brigittetucker1767]

It might as well be all her suitcases were in the car that man parked on the police man's foot unlawfully..

[@brigittetucker1767]

What would Ms Evelyn Nesbit say?

[@silv88]

who was hales in this case

[@caselawexplained7319]

www.britannica.com/biography/Matthew-Hale

[@brigittetucker1767]

The Garcia case and the Slave Act are they the Humefork, would the Slave Act been abolished in 1965 would that case rather not have talked about a possession which no doubt is illicit and goes down the path to the tire on the police man's foot. The other one possibility could end up at a moment in time of another form,persuing Hume's path.