What exactly does the Penal Code say about marital rape immunity?
Sections 375 (“Rape”) and 376A (“Sexual penetration of minor under 16″) share similar marital rape immunity: No man shall be guilty of an offence under [relevant 375 or 376A subsections], if his wife is not under 13 years of age, except where at the time of the offence – • his wife was living apart from him – • under an interim judgment of divorce not made final or a decree nisi for divorce not made absolute; • under an interim judgment of nullity not made final or a decree nisi for nullity not made absolute; • under a judgment or decree of judicial separation; or • under a written separation agreement; • his wife was living apart from him and proceedings have been commenced for divorce, nullity or judicial separation, and such proceedings have not been terminated or concluded; • there was in force a court injunction to the effect of restraining him from having sexual intercourse with his wife; • there was in force a protection order under section 65 or an expedited order under section
