Husband's Infringed: A Case Study
Once you have chosen a case, begin conducting your research. Your research should cover the following details:
1. The individual or group that had their rights infringed—who were they?
This case involves a man and his wife (R V L), where the husband believed that A Married person always consents to sexual intercourse with their spouse. Here the wife’s rights to her own body have been infringed. Being that this belief is over 150 years old and does not represent societies now views towards woman. The common law now after this case does not recognise a husband’s right to force his wife to participate in sexual intercourse against her will.
2. Which right(s) was infringed? How was the right(s) infringed?
In this case a wife’s right to not participate
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What issues were in question? What point of view did the group/individual have on these issues?
The issues in question are whether or a husband has the right to engage in sexual intercourse with his wife with or without consent. As it should be considered a marital obligation. This was L’s point of view and when taken to court thought there to be inconsistencies in the law and therefore he should not be able to be charged with the with the rape of his then wife.
6. What laws existed at the time of this case? How did they impact on the individual/group? That is, what specific laws affected the group/individual and compelled them to start legal action?
There were existing laws relating to rape but the issue was that there were blurred lines as to whether when it would be considered rape if it was someone who they were married to. The laws relating to rape were what compelled R to charge her then husband.
7. Which groups/individuals had opposing views on the issues in this case? What were these views?
L believed that he had the marital right to engage in sexual intercourse wit his then wife. He did not think this to be considered rape.
8. What was the outcome of the case? Who was successful? What did the judges
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