A JUDGE has sparked fury after claiming it is a “fundamental human right” for a man to have sex with his wife.
Mr Justice Hayden, a senior High Court judge, made the comment during a preliminary hearing in a case involving a woman with learning difficulties.
Getty Images – Getty Mr Justice Hayden, sitting at the Court of Protection in London, said a man’s right to have sex with his wife is a ‘fundamental human right’
The Court of Protection may have to rule over whether the woman has the ability to consent to sex with her husband of 20 years.
Social workers fear that her mental health is now so poor she may not be able to give full consent.
A ban could be needed to ensure she is not raped.
Mr Justice Hayden said: “I cannot think of any more obviously fundamental human right than the right of a man to have sex with his wife – and the right of the State to monitor that.”COMMENTS ‘LEGITIMISE MISOGYNY’
Labour MP Thangam Debbonaire reacted with outrage, tweeting that his comments “legitimise misogyny and hatred”.
She added: “No man in the UK has such a legal right to insist on sex.”
Jess Phillips, the Labour MP for Birmingham Yardley, tweeted: “It is not a basic human right to have sex with your wife. It is not even close to a right.”
The charity Victim Support said: “Whatever the circumstances, no one has the right to have sex with you without your consent.”
The judge called for more evidence at a later hearing.
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He ordered that nobody in the case be identified while they appear at the court in London.
The husband has reportedly pledged to no longer sleep with his wife.
But Mr Justice Hayden, sitting in the Court of Protection, said he still wanted to hear from lawyers before making a ruling.
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