Director Of Public Prosecutions v. Morgan

2 All E.R. 347 (1975)

Facts

Ds were convicted of aiding and abetting rape and of rape. Morgan (D1) was 37, with a wife and two children. All the other Ds were in their 20's, and all four Ds served in the Royal Air Force. D1 invited all the three other Ds to his house to have sexual intercourse with his wife. D finally persuaded the men to go with him and told them that his wife might object but that she was only play acting. The wife was woken from her sleep and dragged into another room shouting Police several times until someone put his hand on her mouth. All four had sex with her, and when finished the wife drove to the hospital and complained of being raped. Ds were convicted, and that was overturned on appeal. This appeal was taken by the state.