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References
R. v.Linekar, The Times, 26th October 1994.
Section 3(2) requiring corroboration is repealed by schedule 11 of the 1994 Act.
See alsoR. v.Olugboja [1981] C.A.R. 344per Dunn L.J. at 350.
Rape has always been regarded as a most heinous crime. The number of rapes recorded by the Police has increased rapidly in recent years. In 1947 there were 240 cases while in 1986 there were 2,228 cases. See J. Temkin,Rape and the Legal Process, Sweet & Maxwell, 1987, 8.
4–5 Victoria c.56.
Cmnd. 6352 (1975). Also see s.1(1) of the 1976 Act.
For a study as to operation of the statute in reality see J.B. Post, “Ravishment of Women and the Statutes of Westminster”, inLegal Records and the Historian, (Papers presented to the Cambridge Legal History Conference) ed. J.H. Baker, Royal Historical Society, 1978, 150–164.
State Trials, Vol I p. 387, 1776 Edition.
Perhaps the genesis of the heresy that a wife could not suffer rape at the hands of her husband, laid to rest by the decision of the House of Lords inR. v.R. [1992] 1 A.C. 599.
[1877] 2 Q.B.D. 410.
[1923] 1 K.B. 340.
Textbook of Criminal Law, Stevens, 1983, 2nd ed., 561–2.
[1822] Russell & Ryan 487.
[1838] 8 Carrington & Payne 265.
[1838] 8 Carrington & Payne 286.
InR. v.William Case [1850] 4 Cox C.C 220 Baron Alderson acknowledged his error inWilliams 12 years earlier.
[1850] 1 Den. 580.
[1878] 14 Cox C.C. 114).
[1845] 1 Cox C.C. 220).
See the addenda for Baron Parke's note in 1 Den (b).
It is interesting to note that Young was decided on the 18th May 1878 which was a Saturday. Cox's reports show that a Court of five judges regularly sat on Saturdays in Term Time hearing Criminal Appeals when Lord Coleridge was Chief Justice. I have no doubt that the judges and practising Lawyers here tonight would welcome the re-introduction of Saturday sittings in Liverpool to reduce the delays in the administration of justice.
[1868] L.R. C.C.R. 156.
[1884] 14 L.R. (Ireland) Common Law 468.
[1888] 22 Q.B.D. 23.
[1957] 98 C.L.R. 249.
It is to benoted that the High Court speaks of “the identity of the man”. However, as Professor Colin Howard has said inCriminal Law, The Law Book Company, 1977, 158, 3rd ed., commenting onPapadimitropoulos: “The mistake of identity can be just as important to an unmarried or adulterous woman as to a chaste married woman.”
(1884) 15 Cox. C.C 579.
[1955] 2 Q.B. 590.
SeeR. v.Clarke and Lyons 59 J.P. 248.
[1898] 62 J.P. 310.
H.L. Deb., Vol. 300, col.1556, 10th August 1885.
H.L. Deb., Vol. 297, col. 947.
H.L. Deb., Vol. 299, col. 211.
H.L. Deb., Vol. 297, col. 939.
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[1888] 22 Q.B.D. 23.
Similar reasoning was expressed by Wills J. at 36.
[1976] V.R. 452.
See alsoWilson [1984] A.C. 242per Lord Roskill at 259–61.
See p.196 of the 2nd Edition of his Textbook of Criminal Law. See also per Lord Mustill inR. v.Mandair [1994] 2 W.L.R. 700 at 717.
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The Liverpool Law Review Lecture 1994, in association with Davies Wallis Foyster.
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Morland, M. Rape by fraud?. Liverpool Law Rev 16, 115–132 (1994). https://doi.org/10.1007/BF01079809
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DOI: https://doi.org/10.1007/BF01079809