The ruling follows a test case involving a wife who claimed her husband broke their agreement by failing to withdraw in time. Judges backed her, saying she “was deprived of choice relating to the crucial feature on which her original consent to sexual intercourse was based. Accordingly, her consent was negated.”

The couple had sex after agreeing he would withdraw because she was ‘adamant that she did not want another child’ reports the Metro. But the husband went back on his word, making her pregnant.

He gave her ‘no chance to object’ and insisted ‘I’ll do what I want’, the panel heard. Judges decided his actions fell ‘within the statutory definition of rape’.

However, Lord Judge said that men who accidentally should not be pursued for rape, adding: ‘These things happen – they always have and they always will.

‘No offence is committed when they do. They underline why withdrawal is not a safe method of contraception.’

The ruling came a day after a small rise in the number of successful rape prosecutions was revealed.