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3. Can a man indecently assault his wife?

Yes. If the wife does not consent to the particular sexual contact, there may be an indecent assault. The question is whether the wife consented to the action in question and, if so, whether what was done was indecent in all the circumstances of the case. Even if the wife did not consent, the husband may still have a defence if he genuinely but mistakenly believed his wife consented to the action in question.

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