HC Deb 15 March 1989 vol 149 c230W
Ms. Richardson

To ask the Secretary of State for the Home Department whether he will bring forward legislation to outlaw rape in marriage.

Mr. John Patten

In its 1984 report on sexual offences, the criminal law revision committee set out the arguments for and against extending the offence of rape to all married couples. By a narrow majority the committee decided not to recommend such an extension, although it did unanimously favour extending the offence to couples who were no longer cohabiting if a satisfactory definition could be found. The principal arguments which swayed the committee against recommending extending the offence to married couples generally were that within marriage the act would be of different character, there would be grave difficulties in investigation and prosecution, and a husband who had intercourse with his wife without her consent could be charged with other offences.

The Government recognises the difficulties in this matter and have no present plans for legislation.