Marital Rape in South Australia: R v P, GA

17 Pages Posted: 1 Aug 2012 Last revised: 31 Aug 2012

See all articles by Kellie Toole

Kellie Toole

University of Adelaide - School of Law

Date Written: July 31, 2012

Abstract

In 2010 the South Australian Supreme Court was called upon to determine whether "Mr. P" could be tried for the rape of his wife in 1963, when the "marital rape immunity" was still recognised. The court found that he could be prosecuted and convicted according to the current law of rape, which does not recognise a marital immunity. This article analyses the decision of the Supreme Court according to the principle against retrospectivity in the context of international human rights law, and ahead of an appeal to the High Court of Australia.

Keywords: South Australian Supreme Court, Marital Rape

JEL Classification: K10, K14

Suggested Citation

Toole, Kellie, Marital Rape in South Australia: R v P, GA (July 31, 2012). (2011) 35 Crim LJ 237-251; U. of Adelaide Law Research Paper No. 2012-12. Available at SSRN: https://ssrn.com/abstract=2121009

Kellie Toole (Contact Author)

University of Adelaide - School of Law ( email )

Ligertwood Building
Adelaide 5005, South Australia SA 5005
Australia

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