Controversial ... High Court ruling
Published: 2 hrs ago
A MUSLIM woman could see her husband caged for rape - despite agreeing to have sex with him.
The university student - who cannot be named for legal reason - said her domineering husband forced himself on her, throttled her and called her his 'b****' over several years.
She claimed the man often woke her in the middle of the night demanding she put on high heels and handcuffs for aggressive sex sessions.
She sent emails describing how she had "cried and cried and begged and pleaded" with him to stop tormenting her and said: "It’s never about sex with you, it’s about control."
He replied: “I am sorry for raping you. I can think of no other word....I degraded you, humiliated you from the first day and you played along because you felt you had to do it."
The woman finally told cops after she fell pregnant when he ejaculated inside her - after promising he wouldn't.
But despite the man's admission of rape, the Crown Prosuction Service refused to bring charges against him.
Instead the woman was forced to challenge government lawyers who claimed her husband's decision was "spontaneous" and "impossible to prove".
But a High Court panel including England's top judge, Lord Judge, said women had a choice about what sort of sex they wanted.
They said the man “knew and understood” that “this was the only basis” on which she was prepared to have sex with him.
Shortly afterwards - and without giving her “any chance to object” - the man said he would be “coming inside her," and added: “I’ll do it if I want.”
It means that men who “deliberately ignore” a partner's wishes could be charged with sex offences.
Mr Justice Fulford, Mr Justice Sweeney and Lord Judge concluded: "There is evidence that he deliberately ignored the basis of her consent to penetration as a manifestation of his control over her.
Lord Judge ordered to CPS to review all the evidence in the case, and said: “Contrary to her wishes, and knowing that she would not have consented, he deliberately ejaculated within her vagina."
“In law, this combination of circumstances falls within the statutory definition of rape,” he added.
