Ministers to review 'rough sex gone wrong' defence in murder trials

Also known as the 'Fifty Shades of Grey defence', it has been used in some cases of murder and manslaughter as mitigation for defendants accused of murder where the victim died following a 'sex game gone wrong'.

Campaigners have described it as 'victim-blaming' and have claimed the defence means courts are accepting lesser charges for killers.

The Home Office announced this week that ministers would be looking at the possibility of "what can be done to stop the so-called rough sex defence" being used by perpetrators in court.

The announcement is part of an enhanced Domestic Abuse Bill, which received a first reading in Parliament on Tuesday.

The trial of British backpacker Grace Millane's killer prompted outcry last year, after he tried to persuade a jury in New Zealand that her death was a result of a sex game gone wrong.

The We Can't Consent To This campaign published a review of court cases where the defence was used, claiming it is being relied on by defendants more and more frequently.

The review highlighted six women from Yorkshire killed in an alleged 'sex game gone wrong', although in one of these cases charges have not been brought.

Kerry Sneddon was murdered by partner Jason O'Malley at their home in Rotherham in 2010 when he strangled her.

O'Malley claimed during his murder trial that Miss Sneddon's death had been a "sex game gone wrong".

Hull mother Laura Huteson, 24, was stabbed to death by Jason Gaskell in February 2018 while they were having sex.

Gaskell, 24, was jailed for six years after he pleaded guilty to gross negligence manslaughter at Sheffield Crown Court.

The court heard how Gaskell "regularly held a knife - which he kept under his pillow - against his partners' throats during sex".

The enhanced Domestic Abuse Bill was originally put forward by Theresa May in 2017, but was dropped last year when Boris Johnson prorogued Parliament in October.

A Home Office spokesman said on Tuesday: "The government has begun a review into what support can be provided to migrant victims of domestic abuse, in addition to looking at what more can done to stop the so called ‘rough sex’ defence being used by perpetrators in court to attempt to escape justice."

If passed, other amendments to the Bill would include the requirement for all local authorities to provide accommodation for victims and their children fleeing domestic abuse and the extension of previous proposals to ban abusers from cross-examining their victims in family courts.

Some 16 per cent of all reported crime in Yorkshire & the Humber is domestic abuse-related, according to Home Office figures.

Adina Claire, Acting CEO of charity Women's Aid, said: “With the number of women killed by men at a fourteen-year high, the return of the Domestic Abuse Bill to parliament is welcome. Crucially, the legal duty on local authorities could be life-saving, and we will continue to call on the government to deliver a secure funding future for specialist women's services to support this new legal duty.

“We are pleased the government has listened to our calls for a wider ban on cross-examination to protect all survivors who face this traumatising practice, but there remains a long way to go before the family courts are truly safe.

“We will now work with government and parliament to strengthen the Bill to meet the needs of every woman and child experiencing domestic abuse, including migrant women who continue to face dangerous barriers to protection and support.”