Rough Sex Defence To Be Banned

We Won!

Back in 2016 when we heard about the brutally beaten body of Natalie Connolly, it was hard to believe that the CPS had charged her partner with manslaughter, not murder – the reason was his defence that she had consented to the violence. Of course, she was no longer alive to testify otherwise. The decision at that time was questioned by Harriet Harman, and that defence has been used over 60 times in the last decade. It became known as the ‘rough sex defence’. Men were not only getting away with murder but blaming their victims for their own brutal death.

Feminists fought against this. Fiona Mackenzie’s brilliant We Can’t Consent To This campaign and Laura Farris leading a charge for it to be included in the new Domestic Abuse Bill, supported by activists, lawyers, politicians, families and women; this week the inclusion was agreed. The amendment will rule out “consent for sexual gratification” as a defence for causing serious harm or murder.  This change will only apply in England and Wales, so we still have Scotland and Northern Ireland to fight for.

We are also supporting all efforts to specify ‘non-fatal strangulation’ as a specific serious offence in the upcoming Domestic Abuse Bill. Non-fatal strangulation is a very strong indicator that the abusive partner will go on to kill, but the offence is routinely under-prosecuted. It is often only charged as common assault – equivalent to a slap or a blow which leaves a bruise – or not charged at all. Help to support these efforts to reduce femicide by telling your MP to support the inclusion of this offence in the Domestic Abuse Bill.

Although we have lots of battles to fight… let’s enjoy this one victory - it shows that time and time again; activism works, and when women fight, they fight to win.