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R V R
is a decision in which the House of Lords determined that under English criminal law, it is a crime for a husband to rape his wife. In 1990, the defendant, referred to in the judgment only as R to protect the identity of the victim, had been convicted of attempting to rape his wife. He appealed the conviction on the grounds of a purported marital rape exemption under common law. R claimed that it was not legally possible for a husband to rape his wife, as the wife had given irrevocable consent to sexual intercourse with her husband through the contract of marriage, which she could not subsequently withdraw. Both the Court of Appeal and the House of Lords upheld the rape conviction, declaring that a marital rape exemption did not exist in English law and that therefore, it is possible for a husband to rape his wife. Legal history The impossibility of marital rape under English common law was suggested in Sir Matthew Hale’s ''Historia Placitorum Coronæ'' (''History o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Functions Of The House Of Lords
Whilst the House of Lords of the United Kingdom is the upper chamber of Parliament and has government ministers, it for many centuries had a judicial function. It functioned as a court of first instance for the trials of peers, for Impeachment in the United Kingdom, impeachments, and as a court of last resort in the United Kingdom and prior, the Kingdom of Great Britain and the Kingdom of England. Appeals were technically not to the House of Lords, but rather to the King-in-Parliament. In 1876, the Appellate Jurisdiction Act devolved the appellate functions of the House to an Appellate Committee, composed of Lords of Appeal in Ordinary (informally referred to as Law Lords). They were then appointed by the Lord Chancellor in the same manner as other judges. During the 20th and early 21st century, the judicial functions were gradually removed. Its final trial of a peer was in 1935, and in 1948, the use of special courts for such trials was abolished. The procedure of impeachment b ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Matthew Hale (jurist)
Sir Matthew Hale (1 November 1609 – 25 December 1676) was an influential English barrister, judge and jurist most noted for his treatise ''Historia Placitorum Coronæ'', or ''The History of the Pleas of the Crown''. Born to a barrister and his wife, who had both died by the time he was 5, Hale was raised by his father's relative, a strict Puritan, and inherited his faith. In 1626 he matriculated at Magdalen Hall, Oxford (now Hertford College), intending to become a priest, but after a series of distractions was persuaded to become a barrister like his father, thanks to an encounter with a Serjeant-at-Law in a dispute over his estate. On 8 November 1628, he joined Lincoln's Inn, where he was called to the Bar on 17 May 1636. As a barrister, Hale represented a variety of Royalist figures during the prelude and duration of the English Civil War, including Thomas Wentworth and William Laud; it has been hypothesised that Hale was to represent Charles I at his state trial, and co ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Assault Occasioning Actual Bodily Harm
Assault occasioning actual bodily harm (often abbreviated to Assault OABH, AOABH or simply ABH) is a statutory offence of aggravated assault in England and Wales, Northern Ireland, the Australian Capital Territory, New South Wales, Hong Kong and the Solomon Islands. It has been abolished in the Republic of Ireland and in South Australia, but replaced with a similar offence. Australia Anything interfering with the health or comfort of victim which is more than merely transient or trifling has been held by Australian courts to be "actual bodily harm". Australian Capital Territory The offence is created by section 24(1) of the Crimes Act 1900. New South Wales The offence is created by section 59(1) of the Crimes Act 1900 (a different statute of the same name). South Australia Assault occasioning actual bodily harm was formerly an offence under section 40 of the Criminal Law Consolidation Act 1935, but has been abolished and replaced with a similar offence (see belo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sexual Offences (Amendment) Act 1976
The Sexual Offences (Amendment) Act 1976 (c 82) is an Act of the Parliament of the United Kingdom. It made provision in relation to rape and related offences. Except for subsections (1) and (2) and (4) and (6) of section 7, the whole Act is repealed. Section 7(2) now provides the definition of the expression "a rape offence" in relation to court martial proceedings. The other remaining provisions are purely supplemental. In England and Wales and Northern Ireland, from 1 September 20section 57of the International Criminal Court Act 2001 (as read with sections 56, 63(2) and 78 of that Act) provides that any reference in this Act to a specific substantive offence includes an offence under section 51 involving conduct constituting that offence, and, as if any reference in those provisions to a specific ancillary offence includes *that ancillary offence in relation to an offence under section 51 involving conduct constituting the substantive offence in question, *and an offence under ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fellatio
Fellatio (also known as fellation, and in slang as blowjob, BJ, giving head, or sucking off) is an oral sex act involving a person stimulating the penis of another person by using the mouth, throat, or both. Oral stimulation of the scrotum may also be termed ''fellatio'', or colloquially as '' teabagging.'' If fellatio is performed on oneself, the act is called autofellatio. Fellatio can be sexually arousing for both participants, and may lead to orgasm for the partner being fellated. It may be performed by a sexual partner as foreplay before other sexual activities, such as vaginal or anal intercourse, or as an erotic and physically intimate act of its own. Fellatio creates a risk of contracting sexually transmitted infections (STIs), but the risk is significantly lower than that of vaginal or anal sex, especially for HIV transmission. Most countries do not have laws banning the practice of fellatio, though some cultures may consider it taboo. People may also re ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sexual Intercourse
Sexual intercourse (or coitus or copulation) is a sexual activity typically involving the insertion and thrusting of the penis into the vagina for sexual pleasure or reproduction.Sexual intercourse most commonly means penile–vaginal penetration for sexual pleasure or sexual reproduction; dictionary sources state that it especially means this, and scholarly sources over the years agree. See, for example; * * * * * * * * * This is also known as vaginal intercourse or vaginal sex. Other forms of penetrative sexual intercourse include anal sex (penetration of the anus by the penis), oral sex (penetration of the mouth by the penis or oral penetration of the female genitalia), fingering (sexual penetration by the fingers) and penetration by use of a dildo (especially a strap-on dildo). These activities involve physical intimacy between two or more individuals and are usually used among humans solely for physical or emotional pleasure and can contribute to human bonding. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rape In English Law
Rape is a statutory offence in England and Wales. The offence is created by section 1 of the Sexual Offences Act 2003: This definition notably has a narrower definition with other kinds of rape being covered by offences with other names. For example, if a victim is forcefully penetrated with an object other than a penis, this is classed as "Assault by Penetration" (section 2), and if the victim is made to penetrate another, the act can be prosecuted as "Causing a person to engage in sexual activity without consent" (section 4). "Intentionally", s.1(1)(a) See Intention (criminal law) Penetration, s.1(1)(a) & (b) See section 79(2). Meaning of expressions relating to parts of the body See sections 79(3) and (9) Consent, s.1(1)(b) & (c) & (2) This expression is defined by section 74. The evidential and conclusive presumptions created by sections 75 and 76 apply to this offence (s.1(3)). They must be read with section 77. "Rape by deception" (or "by fraud") The term ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Decree Nisi
A decree nisi or rule nisi () is a court order that will come into force at a future date unless a particular condition is met. Unless the condition is met, the ruling becomes a decree absolute (rule absolute), and is binding. Typically, the condition is that an adversely affected party provide satisfactory evidence or argument that the decree should ''not'' take effect (i.e. the decree takes effect unless the party shows that it should not). For that reason, a decree nisi may also be called a rule, order or decree to show cause. Using the example of a divorce, the wording of such a decree is generally in the form of "that the marriage solemnized on (date) between AB and CD, be dissolved by reason of (grounds) UNLESS sufficient cause be shown to the court why this decree should not be made absolute within six weeks". This allows time for any party who objects to the divorce to come forward with those objections. When no objection is raised by either party, an automatic dissolution ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Law Commission (England And Wales)
In England and Wales the Law Commission ( cy, Comisiwn y Gyfraith) is an independent law commission set up by Parliament by the Law Commissions Act 1965 to keep the law of England and Wales under review and to recommend reforms. The organisation is headed by a Chairman (currently Sir Nicholas Green, a judge of the Court of Appeal) and four Law Commissioners. It proposes changes to the law that will make the law simpler, more accessible, fairer, modern and more cost-effective. It consults widely on its proposals and in the light of the responses to public consultation, it presents recommendations to the UK Parliament that, if legislated upon, would implement its law reform recommendations. The commission is part of the Commonwealth Association of Law Reform Agencies. Activities The Law Commissions Act 1965 requires the Law Commission to submit "programmes for the examination of different branches of the law" to the Lord Chancellor for his approval before undertaking new wor ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Matrimonial Proceedings And Property Act 1970
The Matrimonial Proceedings and Property Act 1970c 45 is an Act of Parliament of the United Kingdom concerning court cases between married people. Contents The most important remaining provision is that under section 37 a court has power to vary the shares of equity in a home of a husband and wife to the extent it views to be just. See also * English land law *English property law *Civil Partnership Act 2004 The Civil Partnership Act 2004 (c 33) is an Act of the Parliament of the United Kingdom, introduced by the Labour government, which grants civil partnerships in the United Kingdom the rights and responsibilities very similar to those in civil ... ss 65, 66, 72 and Schs 5-7 Notes {{reflist United Kingdom Acts of Parliament 1970 Property law of the United Kingdom Marriage law in the United Kingdom ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Restitution Of Conjugal Rights
In English law, restitution of conjugal rights was an action in the ecclesiastical courts and later in the Court for Divorce and Matrimonial Causes. It was one of the actions relating to marriage, over which the ecclesiastical courts formerly had jurisdiction. This could be brought against a husband or wife who was guilty of "subtraction"; that is, living away from their spouse without a good reason. If the suit was successful, the married couple would be required to live together again. In 1969 a Law Commission report recommended the abolition of the action, and it was abolished by the Matrimonial Proceedings and Property Act 1970. History United Kingdom English Law =Prior to 1813= Under the jurisdiction of the Ecclesiastical Courts, which controlled marriage regulations, desertion was not defined as a matrimonial offense, instead a deserted spouse could ask for a ''decree of restitution of conjugal rights''. After such a decree was obtained, the other spouse had to return h ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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