Section 123(3) of the Criminal Code limits the prosecution of marital rape as follows:
(3) A husband is guilty of the offence of rape where he has sexual intercourse with his wife without her consent by force, fear or the use of a drug or thing with intent to stupefy or overpower her, where there is in existence in relation to them —
(a) a decree nisi of divorce or nullity granted under the Divorce Act (No. 2 of 1973);
(b) a decree of judicial separation granted under the Civil Code (Cap 242);
(c) a separation agreement or where the parties are in fact separated, or
d) a peace binding order or an order for the husband not to molest his wife or have sexual intercourse with her including a order from the Family Court.
Source of Information
CEDAW/C/LCA/Q/Add.1, para. 4