A Husband’s Right to Sex with His Wife – A ‘Fundamental Human Right’
Reading Time: 4 minutesAn application sought a court order preventing a husband from having sex with his wife, who appeared to lack the capacity to consent to have sex with him. The judge’s réponse was to observe. ‘I cannot think of any more obviously fundamental human right than the right of a man to have sex with his wife – and the right of the state to monitor that,” he said. “I think he is entitled to have it properly argued.’ But, no such right exists in English or Australian law, as both parties are required to consent to sex.
