Glancing at the threads it seems the issue of consent is still alive - I though you'd be interested in this below. It is the text of the summing up to the jury in a rape trial with a domestic situation
As a bit of background, the website it comes from is a resource for judges and advocates primarily (as for as I can see)- its in the public domain.
The arguments being had on this thread must be fairly similar to those had in the jury retiring room.
....
In R –v- Mohammad, June 18 1993 EWCA (No. 92/2762/W2) the following summing up by Pill J was commended as a model for cases of this nature. It is suggested that this could also be used for incidents within any established relationship.
The learned judge commenced his summing-up with the words:
"Members of the jury, the defendant and X had a long standing relationship, they lived together in Cardiff, they had two children and they had many acts of sexual intercourse."
Later, he then went on to say:
"It is a relevant fact (you may think) that they lived together (the defendant and Miss X) in a long standing relationship, relevant that is to the charge. When sexual intercourse occurs between a man and a woman your approach to the questions of consent which arise may well be different in a situation where the parties live together and have lived together for a long time from a situation where, for example, they have just met. The questions on the law of rape are the same in each case; but the answers will be given in the light of all the circumstances and all the evidence, including the fact that they have had a long standing relationship ..."
"In law a husband or a long-term or a short-term partner for that matter ... can be convicted of rape on his partner if the constituents of the offence are proved notwithstanding his relationship with the victim ..."
"In considering whether it is proved that the complainant Miss X did not consent, bear in mind when considering the evidence the relationship between them. When people enter into long-term relationships/marriage either within or outside marriage they usually contemplate regular sexual relations. In most partnerships, even not entirely happy ones, there is often give and take between the partners on sexual as on other matters. A female partner may not particularly want sexual intercourse on a particular occasion but because it is her husband or her partner who is asking for it she will consent to sexual intercourse. The fact that such consent is given reluctantly or out of a sense of duty to her partner, is still a consent."
"However, a woman is entitled to say 'no' and to refuse to consent even to her husband or long-term partner. There is a dividing line between a real consent on the one hand and a lack of consent or mere submission on the other. It is for you to decide whether the absence of consent is proved in this case applying your combined good sense, experience and knowledge of human nature and modern behaviour to all the relevant facts of the case."