I&#x27;m a current law student AMA

What was decided in R v R and why was the case wrongly decided?

Reply 2

OP

Original post by Notoriety

What was decided in R v R and why was the case wrongly decided?

In the case of R v R, it was held that under English criminal law, there was no presumption of consent within marriage, so as a result, it was possible for a husband to rape his wife. However, I don't quite agree that it was wrongly decided because of the fact that we shouldn't be able to assume consent simply from getting married to someone. I think it is akin to consenting to sexual intercourse once, then the other person assuming consent for the rest of the time that sexual intercourse is had.

Hope that answers your question.

Reply 3

Original post by keepholtingon

In the case of R v R, it was held that under English criminal law, there was no presumption of consent within marriage, so as a result, it was possible for a husband to rape his wife. However, I don't quite agree that it was wrongly decided because of the fact that we shouldn't be able to assume consent simply from getting married to someone. I think it is akin to consenting to sexual intercourse once, then the other person assuming consent for the rest of the time that sexual intercourse is had.

Hope that answers your question.

Well, it was not "presumption of consent" really. That would simply mean the law presumes the wife consents, which presumably could be rebutted. It was that the wife in the matrimonial contract gave irrevocable consent, which naturally she could not withdraw.

Is the House of Lords there to act for social justice (i.e. to act a quasi-legislative fashion)? I thought its purpose was to ascertain what the law is through technical legal analysis of the antecedent authorites.

Reply 4

username3689312

14

How much did R v Brown turn you on, on a scale of 1-10?

1 being it didn't, and 10 being you wanted to join in.

Reply 5

Conniestitution

20

How do they start teaching at uni? I’ve never done law before in my life - do they acknowledge that and start from the basics?

Reply 6

Tolgash

21

What were your A-level choices?

Original post by Tolgarda

What were your A-level choices?

Had the same question.

Reply 8

OP

Original post by james_law

How much did R v Brown turn you on, on a scale of 1-10?

1 being it didn't, and 10 being you wanted to join in.

It’s an absolute 1, I’m afraid, haha...

Reply 9

OP

Original post by Tolgarda

What were your A-level choices?

Original post by RazzzBerries

Had the same question.

A level Law, Sociology and Business Studies but your choice of A levels doesn’t really matter.

Reply 10

OP

Original post by Conniestitution

How do they start teaching at uni? I’ve never done law before in my life - do they acknowledge that and start from the basics?

Yes, many undergraduate law students haven’t studied law before and so they will start from the basics.

OP

No.

What's your favourite Court of Appeal judgment?

Reply 13

You're like every fresher or second-year I've ever met. The type to ask the third year how they found second-year property law; and if they had any tips. Thereafter dutifully noting down the tidbits.

Also stop asking normal questions -- it's ruining my flow.

Reply 14