Rape


1. Sexual intercourse with a person (!) who at the time of the intercourse does not consent to it; this being done in the knowledge of the lack of consent or recklessly in respect to the lack of consent.
DPP v. MORGAN (1975)

2. Wifes are no exception (House of Lords decision in 1991). There is no general consent due to the marriage.

3. Consent must be real:
a) Impersonation of the husband will negative the consent.
b) Unconscious persons cannot consent.