What is the effect of sexual intercourse between innocent and guilty spouses?

Saskatchewan, Canada


The following excerpt is from Leaderhouse v. Leaderhouse, 1970 CanLII 570 (SK QB):

There may, of course, be sexual intercourse between innocent and guilty spouses entered into without the slightest thought of forgiveness of past offences or reinstatement of the delinquent spouse. Blyth v. Blyth, supra, furnishes an excellent example. The facts, as summarized at p. 537, were as follows: “They met in the street by chance and the wife invited him to the house where she was living with the child of the marriage and another child which she had by another man. She asked him to help her to put up the Christmas decorations. She told him she had had an operation on her womb and offered to show him the scar. When he showed no interest, she took off her clothes, lay down on the rug in front of the fire and asked him to have intercourse with her. Then, in the husband’s own words, ‘As a man, torment got the better of me, and we did have intercourse. We had a cup of tea, and I left the house on my son arriving home.’ There was no talk whatsoever about his forgiving her. The husband was emphatic on this. And he added, ‘No sir, we didn’t even trouble about it.’ ”

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