The common law, originating in 11th century England, evolves through court precedents rather than legislative statutes, offering flexibility in adapting to societal changes. Unlike civil law systems, common law allows higher courts to overturn precedents without legislative action, exemplifying its adaptive nature.
In the landmark case of R v R [1991], the defendant attempted non-consensual intercourse with his separated wife, leading to charges of attempted rape and assault. He appealed on grounds challenging the legality of spousal rape under the common law.
The central legal question was whether a husband could be criminally liable for raping his wife, challenging long-held common law principles of marital immunity.
Historically, common law upheld marital immunity based on assumptions of spousal control. However, precedents like Reg. v. Clarence (1888) began challenging this immunity, paving the way for modern interpretations that reject outdated notions of marital consent.
The court, dismissing the appeal, declared that marital rape exemptions no longer hold under modern legal frameworks, emphasizing the evolving societal norms and the broader interpretation of "unlawful" acts under relevant legislation.
Leave a comment