ABSTRACT
SW and CR were charged with raping and attempting to rape, respectively, their wives and their convictions were upheld by the CA and HL in 1991. They alleged violation of Art 7 because at the date of their actions in 1990 and 1989 marital rape was not a criminal offence and under the common law a husband could not rape his wife. The English appellate courts decided the principle of immunity was no longer appropriate in modern times.
