R v L [1991] HCA 48

R v L [1991] HCA 48; (1991) 174 CLR 379 (3 December 1991).

http://www.austlii.edu.au/au/cases/cth/HCA/1991/48.html

The notion that marriage gives rise to an irrevocable consent to sexual intercourse between the parties is out of keeping with the view that society takes of marriage as well as recent changes in the criminal law.

“…if it was ever the common law that by marriage a wife gave irrevocable consent to sexual intercourse by her husband, it is no longer the common law.” (at 390)