Marital rape in Scots law

Abstract

In a number of recent cases in Scotland, England and the United States, the earlier common law rule that a husband could not be convicted of the rape of his wife has been rejected. The law in Scotland has developed to allow the prosecution of the husband where the couple were in fact separated at the time of the rape. This differs from the law in England, where some prior formal separation would be regarded as required. The Scots law still stops short of the position in some parts of the United States, where a charge of rape is competent even while the couple were living together at the time of the incident.