What is the 'rough sex defence' and why are MPs calling for the Domestic Abuse Bill to be amended?

An amendment to the landmark Domestic Abuse Bill aimed at ending the so-called “rough sex defence” has cleared its latest legislative hurdle in the House of Commons.

The bill, which covers England and Wales, now explicitly rules out "consent for sexual gratification" as a defence for causing serious harm to others.

The amendment is the culmination of a long-running campaign to stop abusers who kill their partners from claiming their victims were a willing participant in a sex game gone wrong, in a bid to reduce murder charges to manslaughter or get a less severe sentence.

The Domestic Abuse Bill will now pass to the House of Lords and is due to become law later this year.

So, here's what you need to know about the move to reform the law surrounding domestic abuse:

What is the 'rough sex defence'?

The so-called "rough sex defence" has been increasingly used in UK courts in recent years in cases involving sexual violence - such as serious harm or murder - to explain why the violence occurred.

Current law says that if someone kills another person during sexual activity they could be charged with manslaughter alone, while to murder someone, there needs to have been an intention to kill that person or to cause them grievous bodily harm (GBH).

The amendment to the Domestic Abuse Bill would invalidate any courtroom defence of consent in cases where a victim suffers serious harm or is killed.

How frequently has it been used?

Campaign group We Can't Consent To This has recorded 60 examples of women "who were killed during so-called 'sex games gone wrong'" in the UK since 1972.

The organisation, which aims to make it the expectation that murder charges will be brought against those suspected of killing a person during sex, claims that 45 per cent of these incidents culminated in a "lesser charge of manslaughter, a lighter sentence or the death not being investigated as a crime at all".

In the last five years, the so-called "rough sex defence" was used successfully in seven of the 17 killings of a woman which reached trial, with the man being found not guilty or receiving a manslaughter conviction, the group says.

Speaking in the House of Commons on Monday, July 6, Home Office minister Victoria Atkins described the increased use of the "so-called rough sex defence" as one of the most "chilling and anguished" developments in recent times.

"We have been clear that there is no such defence to serious harm that results from rough sex," she said.

"But there is a perception that such a defence exists and that it is being used by men - it is mostly men in these types of cases - to avoid convictions for serious offences or to receive a reduction in any sentence when they are convicted.

"The new clause aims to make it clear that consent to serious harm for sexual gratification is not a defence in law."

Revealing the scale of sexual violence in the UK, recent polling carried out by research company Savanta ComRes found that 38 per cent of women under the age of 40 had been choked, slapped, gagged or spat on in otherwise consensual sex and said those acts were unwanted at least some of the time.

The study was based on a survey of 2,002 women nationwide and was weighted to be representative of all UK women by age and region.

What was the reaction to the passing of the amendment?

We Can't Consent To This has hailed the amendment as a "victory".

Commenting on its passing through the House of Commons, the group described the move as a "big moment" but added it was "only a beginning".

Labour MP and shadow minister for domestic violence and safeguarding, Jess Phillips, also welcomed the move and paid tribute to Natalie Connolly, who died in 2016 after her partner inflicted 40 separate injuries on her.

Ms Connolly's partner admitted manslaughter, but was cleared of murdering the 26-year-old after claiming the latter was hurt during consensual sexual activity.

"Natalie Connolly's name and story has rung out around this chamber, been told in many newspapers and the bravery of her family will see this law changed," Ms Phillips said.

"Today, I don't want to remember her for how she died, or to allow a violent man to get to say what her story was.

"I simply want to remember Natalie, a brilliant, beautiful, bright mother, sister, daughter."

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