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4. Can a husband rape his wife?

Yes. section 117(1B) of the Crimes Ordinance makes it clear that "'unlawful sexual intercourse' does not exclude sexual intercourse that a man has with his wife." There must first of all be proof of the sexual intercourse giving rise to the allegation of rape and the absence of consent from the wife. The prosecution must then prove beyond reasonable doubt either that the husband knew that the wife was not consenting to that intercourse or that he was reckless whether or not she consented. This will be a question of fact in each case. Simply because there has been consent to sexual intercourse in the past does not inevitably mean there is consent this time.

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