She initially screamed for her son and his older brother to call the police, but in her evidence, she said the men clamped her nose and mouth with their hands to choke her until she submitted.

He was not charged with rape because at the time it was believed that a husband had an absolute defence in law by virtue of being married to the victim.

Dolly Alexander has pointed out that in most other areas of English criminal law, mistaken belief must be held on a reasonable basis to found a defence.

[5] The feminist legal scholar Jennifer Temkin[6] referred to the decision in DPP v Morgan as a "rapist's charter".

[7] In 2004 the law was changed pursuant to the Sexual Offences Act 2003 such that belief on the part of the defendant that the victim consented must be "reasonable".