A Husband Cannot Be Found Guilty Of Offence Of Rape Upon His Wife- Human Rights Advocate

The issue of RAPE: The offence of rape is defined under Section 357 of criminal code. Under section 6 criminal code act, a husband cannot be found guilty of the offence of rape upon his wife. This is because unlawful carnal knowledge is defined as carnal connection which take place otherwise between a husband and wife. See case of R v Robert( 1986). However, if the marriage has been dissolved or a court has made a separation order that the wife is not bound to cohabit with her husband, it will be rape for the husband to have inter course with the wife without her consent. Not that the mere fact that the wife has presented a petition for divorce does not revoke the consent to the inter courses, see the case of R v Miller( 1954). Note also that although a husband may not guilty if raping his, but if he uses force or violence to exercise his right of inter course, he may be guilty of ASSAULT Or WOUNDING. Under section 7 criminal code Act. A woman is incapable of committing rape, but she can be found guilty of the same offence for aiding, counselling or procuring the commission of the offence. See R v Corgan and Leak (1975). Therefore in law a man can not be said to have rape his wife. This is the position of the law.