Complex Relationships: Marriage and Relationship Status, Procreation and Criminal Law

This chapter explores the relationship between marital law, on the one hand, and criminal law, in particular criminal offences relating to deception and sexual activity, on the other. Focusing primarily on England and Wales, it discusses several notable criminal cases of recent years – including McNally and Lawrance – highlighting the ongoing role of procreation in criminal law and what this may indicate about aspects of marital law. Before concluding, it goes on to suggest that analysis of sexual hierarchies and a procreative ideal in criminal law may inform further reflection on contemporary marital law issues, particularly in relation to ongoing debate over the availability of same-sex marriage within the Church of England.