Added: March 14, 2015 – Last updated: March 14, 2015


Author: Kos Lesses

Title: PGA v The Queen – Marital Rape in Australia

Subtitle: The Role of Repetition, Reputation and Fiction in the Common Law

Journal: Melbourne University Law Review

Volume: 37

Issue: 3

Year: April 2014

Pages: 786-833

ISSN: 0025-8938 – Find a Library: WordCat

Language: English

Keywords: 20th Century, 21st Century | Australian History | Types: Marital Rape


Link: Informit (Restricted Access)

Link: Law School, University of Melbourne (Free Access)


Abstract: »This case note considers the historical development and validity of the husband’s immunity at common law from prosecution for rape in light of the recent High Court case of PGA v The Queen. The original written source of the immunity is examined along with the subsequent treatment of that source in relevant cases and well-known textbooks of criminal law. Despite widely held belief in its validity, it is argued that the immunity was never properly established as a principle of the common law. The case note also considers the fiction of the unity of husband and wife that underpinned the immunity and exposes how the immunity was purportedly maintained into the 20th century despite disbelief in this fiction.« (Source: Melbourne University Law Review)


  I Introduction (p. 787)
  II PGA v The Queen in the High Court (p. 789)
    A Introduction (p. 789)
    B The Majority Judgment (p. 789)
    C The Dissenting Judgments (p. 793)
  III The Marital Immunity: A Settled Principle of the Common Law? (p. 796)
  IV The Reputation of Hale (p. 810)
  V Marital Rape in the Textbook (p. 814)
  VI The Fictional Foundation of the Marital Immunity (p. 822)
  VII Conclusion (p. 830)

Wikipedia: Marital rape