There are at least four recorded instances of a husband successfully relying on the exemption in England and Wales. The first was "R v Miller" (1954), where it was held that the wife had not legally revoked her consent despite having presented a divorce petition. "R v Kowalski" (1988) was followed by "R v Sharples" (1990), and "R v J" (1991), a judgment made after the first instance decision of the Crown Court in "R v R" but before the decision of the House of Lords that was to abolish the exemption. In "Miller", "Kowalski" and "R v J" the husbands were instead convicted of assault. The "R v Kowalski" case involved, among other acts, an instance of non-consensual oral sex. For this, the husband was convicted of indecent assault, as the court ruled that his wife's "implied consent" by virtue of marriage extended only to vaginal intercourse, not to other acts such as fellatio. (At that time the offense of 'rape' dealt only with vaginal intercourse.) In "R v Sharples" (1990) it was alleged that the husband had raped his wife in 1989. Despite the fact that the wife had obtained a family protection order before the alleged rape, the judge refused to accept that rape could legally occur, concluding that the family protection order had not removed the wife's implied consent, ruling that: "it cannot be inferred that by obtaining the order in these terms the wife had withdrawn her consent to sexual intercourse".