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3. Can a man indecently assault his wife?

Yes. If the wife does not consent to the particular sexual contact, indecent assault could arise. The question is whether the wife consented to the action. If not, whether such act was indecent after considering all circumstances of the case. Even if the wife did not consent, the husband may still have a defence if he genuinely but mistakenly believed that his wife consented to the action.

 

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