CAPE Law Unit 1 · 2013 · Paper 2 · Question 5(a)

Brian arrives home drunk after partying all night. His girlfriend of 10 years, Martha, is angry, decides to sleep in the guest room, and tells him their relationship is over. Brian enters the guest room, points a gun at her when she resists sexual intercourse, and then has sexual intercourse with her. Brian is arrested and charged with assault and rape.

With reference to TWO decided cases for each offence, advise Brian on whether he is liable for assault and rape.