Husband found guilty of molesting wife after not ”pulling out” during sex

Read a case reported by the London Metro newspaper below;

“He would still be guilty if he did something she asked him not to, a High Court panel led by England and Wales’ most senior judge decreed.

A man would no longer be said to have consent because he ‘deliberately ignored’ the limitations put on sex, it was decided.

The ruling follows a test case involving a wife who claimed her husband broke their agreement by failing to withdraw.

The judges backed her, saying she ‘was deprived of choice relating to the crucial feature on which her original consent to intimate intercourse was based’.

They added: ‘Accordingly, her consent was negated.’

The couple, who wed under Islamic law, Were Intimate after agreeing he would withdraw because she was ‘adamant that she did not want another child’.

But the husband went back on his word, making her pregnant.

He gave her ‘no chance to object’ and insisted ‘I’ll do what I want’, the panel, led by lord chief justice Lord Judge, heard.

Prosecutors originally decided not to charge him with molestation or intimate assault, claiming it would be ‘impossible to prove’ his actions were not ‘spontaneous’.

They were told to review their decision after the judges decided it fell ‘within the statutory definition of molestation’.

However, Lord Judge said that men who tried in vain to withdraw in time should not be pursued for molestation, adding: ‘These things happen – they always have and they always will.

‘No offence is committed when they do. They underline why withdrawal is not a safe method of contraception.’

The ruling came a day after a small rise in the number of successful molestation prosecutions, was revealed.

Campaigners say just 15 per cent of victims report attacks.”

[Metro UK]

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