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United Kingdom and Northern Ireland

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M.Z. (Rape, Stigma, UNHCR Advice) Kosovo

The applicant arrived in the UK in January 2000, claiming asylum on arrival, and appealed a decision to have her removed to Kosovo following the refusal of her claim to asylum after she was raped by a Serbian soldier.  The Tribunal acknowledged that adequate facilities for rape victims exist in Kosovo but in light of the stigma attached to rape victims and the applicant's very real fear that her husband would leave her on finding out about the rape, granted her request for asylum.

Macarthys Ltd v. Smith [1980] 3 W.L.R. 929

Mr. M., the manager of the stockroom in one of the warehouses of the employers left his employment. After four months of the post remaining vacant the employee, Mrs. Smith, was appointed as the manageress of the stockroom. Her duties differed slightly from Mr. M's duties. She was paid about £10 less than he was. She argued that this breached the UK’s Equal Pay Act 1970. The Court of Appeal held that that Act does not allow comparisons with former colleagues; however, the ECJ held that EU law allows such comparison, reversing that Court of Appeal’s judgment.

N.S.F. v. United Kingdom

N. S. F., a Pakistani national, experienced repeated ill-treatment from her husband, including marital rape, until they divorced in 2002. Although N. S. F.’s husband continued to harass her after she moved to a nearby village, the police did not offer her any protection. When her ex-husband came to her new home with other armed men and threatened to kill her, N. S. F.

National Strategy on Violence against Women, Domestic Abuse, and Sexual Violence (Wales)

Pursuant to the Violence against Women, Domestic Abuse and Sexual Violence (Wales) Act 2015, the Welsh Government published the National Strategy on Violence against Women, Domestic Abuse, and Sexual Violence.  The National Strategy stated six objectives: 1) increase awareness and challenge attitudes of violence against women, domestic abuse, and sexual violence across the Welsh population; 2) increase awareness in children and young people

Northern Ireland (Executive Formation etc) Act 2019, §8 (Same-sex marriage)

This Act legalized same-sex marriage in Northern Ireland. §8(1) of the Act requires the Secretary of State to make regulations in respect of same sex marriage, to come into force on or before 13 January 2020, specifically to make provision so that two persons of the same sex are eligible to marry and two persons who are not of the same sex may form a civil partnership in Northern Ireland.

P. and M. v. Secretary of State for the Home Department

The first appellant, P, was seeking asylum from being returned to Kenya on the grounds of a fear of persecution because of the violence that both she and her children had suffered from her husband in Kenya, especially as domestic violence tends to be accepted in Kenya and the police had not effectively protected her against her husband.   The second appellant, M, seeks asylum on the grounds of fearing that she would be subjected to female genital mutilation at the hands of her father, who is a member of the Mungiki sect that practices FGM, and who had already previously performed

R v. Bree [2008] Q.B. 131

The complainant had been severely intoxicated while the defendant had sex with her. It was found that in order for sex to be consensual the victim must have the capacity (the ability) to say no. If one is so inebriated as to be incapable of refusing intercourse, such intercourse is rape. If, through drink (or for any other reason) the complainant has temporarily lost her capacity to choose whether to have intercourse on the relevant occasion, she is not consenting, and subject to questions about the defendant's state of mind, if intercourse takes place, this would be rape.

R v. Dica [2004] Q.B. 1257

The defendant, knowing he was HIV positive, had unprotected sexual intercourse with two women who were unaware of his disease. The women were both subsequently diagnosed as HIV positive. He was found guilty of inflicting grievous bodily harm. As a general rule, unless the activity is lawful, the consent of the victim to the deliberate infliction of serious bodily injury on him or her does not provide the perpetrator with any defence.

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