Critical Analysis

Review, Helen Fenwick (Marital rights or partial immunity?), (1992) NLJ pp831-832; (1992) NLJ pp870-871 The rape within marriage was not a crime and this principle had stood for centuries until 1992. In the case of R ([1991] 2 All ER 257) the rape within marriage was constituted as a serious crime. Before it became a law it was place for debates and Professor Glanville Williams had given his proposals how the law should be changed on this topic. The current article of the author of Helen Fenwick, who is a lecturer in law at the University of Durham, explains why Prof. Williams proposals are not suitable to be a law and secondly, he considers the effect if Prof. Williams suggestions would have been approved. The article is comprehensive and every argument has decent backup, except one thing that author do not even try to identify merits of Prof. Williams proposals.
The marital rights and partial immunity, according to Prof. Williams is important measure. It indicates that offence of rape is somehow different according by who is made. If it was made by to victim known person like cohabitee, husband, ex-cohabitee or ex-husband it should get lesser sentence than rape by stranger. Also it is suggested that domestic rape would be classified as assault and not as rape or indecent offence, because it is less harmful to the victim to be raped by husband than a stranger, and cohabitee or husband should get lesser sentence than stranger. Secondly, according to Prof. Williams all rapist can be put in two groups: present and former husbands and cohabitees on first instance and on second strangers and as I mentioned above Prof. Williams suggests that the former group should be treated more leniently, because its less horrific to the victim and strangers rapist is more dangerous to society. Helen Fenwick is very sceptic about these suggestions, he uses number of arguments, examples in order to prove it. Author does not support marital rights neither partial rights on the