Ban on 'rough sex defence' set to become law in victory for campaigners
A ban on killers using the ‘rough sex defence’ will become law, the Government has announced.
Campaigners have long called for legislation to stop abusers who kill their partners from claiming their victims were willing participants in sexual practices that went wrong, in a bid to reduce murder charges to manslaughter or get a less severe sentence.
Yesterday the Government said it was amending the Domestic Abuse Bill to make it clear that there is no such defence.
Justice Minister Alex Chalk explained: ‘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.’
If the Bill passes, the amendment would invalidate any courtroom defence of consent where a victim suffers serious harm or is killed.
Previous case law has established consent is not a defence for behaviour that causes actual bodily harm (ABH) or worse.
But MPs have previously raised the death of Natalie Connolly in 2016 as an example of where it has been used.
Her boyfriend, the multi-millionaire property developer John Broadhurst, left her injured and bleeding following ‘rough sex’ after an alcohol and cocaine binge.
He was jailed for three years and eight months after admitting manslaughter by gross negligence.
Campaign group We Can’t Consent To This, which was set up after Ms Connolly was killed, says it has counted 59 women in the UK killed by men who have used the defence since 1972.
Labour MP Harriet Harman paid tribute to minister involved in the law change and branded the move ‘so important’ and a ‘milestone moment in (the) battle to challenge male violence against women.’
Conservative MP Mark Garnier added: ‘This is such a victory and an example of how the government have worked really hard to find a solution.
‘It will never make up for the tragic death of Natalie Connoly, but it does mean that people like her killer will get proper sentences.’
In New Zealand, the killer of British backpacker Grace Millane, 22, provoked outrage when he claimed she had died accidentally after consensual rough sex that went too far.
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