Marital rape in Scots law: a further case of interest

Abstract

In a short period of time, the law in Scotland has developed in two ways. Firstly, the law changed recently to allow the prosecution of a husband where a couple were in fact separated at the time of the rape. Secondly, the law moved forward again to the present position where a charge of rape is competent even if the couple are living together at the time of the incident complained of.