CAPE Law Unit 1 · 2009 · Paper 2 · Question 10(a)

Joe arrives home drunk. Tara, his live-in girlfriend, expresses frustration, goes to sleep in the guest room, and tells Joe she is finished. Joe enters the room, punches Tara when she resists sexual intercourse, and has sexual intercourse with her. Tara reports to the police, and Joe is charged with assault and rape.

Advise Joe, with reference to decided cases and giving reasons, on whether he is liable for assault and rape.