After a campaign by ministers, campaign group We Can’t Consent To This and Grazia readers, the ‘rough sex’ defence will be banned, the government said last night.
The ‘rough sex’ or 50 Shades defence sees those accused of murder and assault claiming the victim consented to their death or injury as part of rough sex or a sex game gone wrong – it rose to worldwide headlines, when the killer of Grace Millane, whose murderer attempted, and failed, to use the defence.
Campaign group We Can’t Consent To This have been collating evidence on the increased use of the defence and, alongside ministers Harriet Harman, Mark Garnier and Laura Farris and Grazia, had pushed for amendments to the Domestic Abuse Bill that would ban it.
Prime Minister Boris Johnson has now twice backed banning the defence, most recently in PMQs. But yesterday the campaign took a big step forward, as the Bill reached committee stage.
Since the Bill was reintroduced, the government has promised they will review the laws around the issue – and report back before it becomes law. The Justice Minister Alex Chalk again yesterday reiterated this and said: ‘It is unconscionable for defendants to suggest that the death of a woman is justified, excusable or legally defensible because that woman had engaged in violent and harmful sexual activity which resulted in her death, simply because she consented. That is unconscionable, and this Government is committed to making that crystal clear.’
Reassured by the government’s commitment, the ‘rough sex’ amendments were then withdrawn, in hope that the government’s report should have an even wider scope, to also protect those who do not know their attackers, from having the defence turned on them.
Fiona Mackenzie, WCCTT founder said: ‘We agree with Alex Chalk that Harriet Harman and Mark Garnier’s campaign has been formidable, and have long said that only the government can make the far reaching change that is needed: with law change and more to end the success of rough sex defences. Today gave us real belief that the Government may be ready to do this – but they must be bold enough and not take half measures.’
MP Harriet Harman, who has been at the heart of the campaign added: ‘It is encouraging that the government are listening to the concerns of women’s groups and of MPs across parties but the important thing is for them to close the loophole which allows men to get away with murder by using the “rough sex gone wrong” defence. Only a change in the law will do that. We must see that at the Bill’s next stage.’
We Can't Consent To This has collated 60 examples of women killed during so-called ‘rough sex gone wrong’ in the UK, since 1972 – 45 per cent of those cases ended in a lesser charge or lighter sentence – or the death not being investigated as a crime at all.
There are also 115 people - all but one of whom were women - who have had to attend court where it is claimed they consented to violent injury, WCCTT has said. The violence used in the non-fatal assaults included waterboarding, wounding, strangulation, beating and asphyxiation.
As WCCTT and Ms Harman say though, the battle is not yet fully won. You can still sign our joint petition, and email your MPs to urge them to keep the pressure on the government to produce a far-reaching report. There is a template on the WCCTT website, or you can even reach out on Twitter.
READ MORE: The Rough Sex Defence Is 'Post-Mortem Abuse' - MPs Debate The Domestic Abuse Bill
READ MORE: Boris Johnson Commits To Clarifying ‘Inexcusable’ 'Rough Sex' Defence at PMQs