The Government has today published a new clause to the Domestic Abuse Bill which – if the law is passed – will end the so-called ‘rough sex’ defence.
The clause ‘Consent to serious harm for sexual gratification not a defence’ would mean attackers and murderers could no longer claim their victim consented to violence during sex that then resulted in harm. The amendment has been tabled to invalidate any courtroom defence of consent where a victim suffers serious harm or is killed. The Government’s amendment makes it unequivocally clear that no such defence exists.
The news follows a long campaign by Harriet Harman MP, Mark Garnier MP and campaign group We Can’t Consent To This, who found the defence was being increasingly used in UK courts. Grazia joined the campaign alongside them last year, calling on readers to sign a petition and write to their MPs about the law change. The petition has more than 67,000 signatories.
WCCTT found at least 60 women were killed by men who have used this defence and there has been a tenfold increase in this defence in the last 20 years. In 45% of cases where a man kills a woman during sex and claims she consented to it, this defence works. This results in the killing being prosecuted under a lesser charge, such as manslaughter, or even not prosecuted at all.
The campaign was largely started following the death of Natalie Connolly – the defence again become worldwide news when the man who killed Grace Millane in New Zealand attempted to claim she’d consented to violence during sex. He failed and was found guilty of her murder.
In December last year, Grazia interviewed Boris Johnson, in the run-up to the election, asking him for a commitment to tackle the problem. He told us: ‘I agree with Harriet Harman that the ‘50 shades defence’ is unacceptable and we’ll make sure the law is clear on this.’
This is a highly significant step forward in protecting women from male violence.
Speaking today Ms Harman said: ‘Grazia played a key role in winning this vital change in the law to protect women from male sexual violence. It was Grazia’s challenge to Boris Johnson in last year's election campaign that got him to promise to end the rough sex defence. Thanks to all at Grazia for sticking with this campaign and to readers who signed and shared this demand.’
Fiona Mackenzie of We Can't Consent To This said: 'We're happy to call this a victory. This is such a clear statement by the government. We're so proud that Grazia and its readers have pushed this with us, and everyone who has gotten involved should feel rightfully pleased at helping make this change.'
Ms Harman added: ‘This is a highly significant step forward in protecting women from male violence. Now men will no longer be able to say “It was her fault I killed her, because I was only doing what she wanted. It was rough sex gone wrong”. The law will now be there unequivocally to protect women from this male sexual violence. This will send a strong message to men that they cannot beat women and get away with it. They cannot drag their victim's name through the mud in court. And it will strengthen women by telling them that the law will protect them. It will tell the police, prosecutors and courts that the “50 shades of grey defence” has ended - and it must be rigorously enforced.
‘Huge credit for ending this macabre loophole in the law must go to the Government who acted quickly and used the opportunity of their Domestic Abuse Bill to tackle this. Particular recognition must go to ministers Victoria Atkins who privately visited (with Mark Garnier MP) the family of Natalie Connolly and to Alex Chalk.
We're so proud that Grazia and its readers have pushed this with us, and everyone who has gotten involved should feel rightfully pleased at helping make this change
‘This would not have been possible without Mark Garnier MP who worked with me to see this through to a successful conclusion. Not every Tory man is prepared to work with a Labour feminist!’
Mr Garnier, local MP for Natalie Connolly and her family said: ‘Natalie's death was one that is the stuff of nightmares. What we hope to achieve from it is a way to make sure that people take more responsibility for their actions, and that killers get the right sentences, whilst victims get justice.
‘The case of my constituent Natalie Connolly, and the woeful underperformance of the system with regards her killer John Broadhurst, highlighted a rising menace of justice game-playing by killers and abusers. This response by the Government is a breakthrough in how we tackle the rough sex defence. But it is also a textbook example of Parliament at its best, with a genuine cross-party approach and a willing government, all seeking the same outcome.
‘I am incredibly grateful to Home Office Minister Victoria Atkins, who took the trouble to come to Kidderminster, to quietly see for herself the effects Natalie's killing had on her family. Her private visit demonstrated an unusual degree of compassion, meeting with the close relatives of Natalie. Both Victoria and Justice Minister Alex Chalk have worked tirelessly to protect women.’
Grazia editor Hattie Brett said: 'Just under seven months ago, Boris Johnson told readers of Grazia magazine that he agreed the so-called ‘rough sex’ defence was unacceptable and that he would make sure the law was clear. We’re thrilled to see that today the government has taken steps which will save lives, ensure justice and mean no person or family has to sit in court and hear an attacker say their victim "asked for it". Well done to Harriet Harman, Mark Garnier and We Can’t Consent To This, who have worked tirelessly to bring this law to fruition – and all the Grazia readers who have joined the fight by signing our petition and writing to their MPs.’
Tabling the amendment, Justice Minister Alex Chalk said: 'No death or other serious injury – whatever the circumstances – should be defended as "rough sex gone wrong".
'Perpetrators of these crimes should be under no illusions – their actions will never be justifiable in any way, and they will be pursued rigorously through the courts to seek justice.
'Great credit is due to the MPs and campaigners who have worked so tirelessly to further the protections on offer to victims of sexual violence and their families.'
READ MORE: No One Can Consent To Their Murder: Our Friend Grace Certainly Did Not
READ MORE: Let's End The 'Rough Sex' Defence