Rape in Marriage - Law Reform in Scotland and South Africa
Bibliographic Data
| ID | 12583083 |
|---|---|
| Authors | Felicity Kaganas (0000-0003-4023-3047, Brunel University of London, corresponding author) |
| Year | 1990 |
| Volume | 4 |
| Issue | 3 |
| Pages | 318-327 |
| Publication date | 1990-01-01 |
| Open Access | No |
| Type | ARTICLE |
| Venue | International Journal of Law Policy and the Family (JOURNAL) |
| Journal identifiers | ISSN: 1360-9939 • E-ISSN: 1464-3707 |
| Publisher | Oxford University Press (OUP) (PUBLISHER) |
| DOI | 10.1093/lawfam/4.3.318 |
| OpenAlex | W2034365463 |
| Language | EN |
| Citations received | 3 |
A trend towards legal recognition of equality within marriage has led in a number of jurisdictions to a re-evaluation of the marital rape exemption. The most recent legal developments in relation to rape in marriage have taken place in Scotland and South Africa. However, change in these two jurisdictions has led to differing results. This note examines the decision of the Scottish High Court of Justiciary which abolished the immunity of husbands from prosecution for the rape of their wives. It goes on, in the light of the court's reasoning, to assess the arguments which persuaded the South African legislature to retain the exemption, albeit in a modified form. The writer contends that the South African statute is based on rationales that are logically flawed and concludes that the Scottish approach is to be preferred. In addition, it is argued that the South African legislation suffers from defects in drafting that will make it difficult to implement in practice
Common law · Law reform · Legislation · Legislature · Marriage law · Political science · Relation (database · Sociology · Statute · Legal Education and Practice Innovations · Legal Issues in South Africa · Sexual Assault and Victimization Studies · Law
| Citations per year | 0.09 |
|---|---|
| Citation span | 1992 - 2016 (25) |
| Highly cited | No |