Marital Rape in South Australia: R v P, GA
(2011) 35 Crim LJ 237-251
17 Pages Posted: 1 Aug 2012 Last revised: 31 Aug 2012
Date Written: July 31, 2012
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: Suggested Citation