Sexualizing the Killing of Women: The Rise of the “Rough Sex” Defence in Anglo-American Jurisdictions

Abstract

In this article I consider the increasing use of the “rough sex” defence by men who kill women in trials of murder. In demonstrating the prevalence of this defence I examine the defence tactics of pleading accident and traducing the character of the dead by invoking the excuse that the deceased consented to the acts which contributed to her death. I examine the impact of this defence strategy on jury determination and return of convictions for unlawful manslaughter rather than murder. The notion that women in these situations have contributed to their own demise is a redolent oeuvre in pornography but also has roots in psychoanalysis and medicine. Stereotypes of women’s sexuality as defined by men continue to inform contemporary thinking skewing male violence against women as an outcome that women desire. Legal attempts to reform the law are examined and challenges to the representation of women in popular culture are called for.

Research in brief: How prevalent is rough sex? Results from a national online sample of adults in Germany

“…For example, the popular rough sex practice of choking (technically manual strangulation, also called erotic asphyxiation or breath control play in consensual sexual contexts) can cause throat pain, unconsciousness, and in rare cases, even death 20,21 . Apart from the fact that rough sex accidents among consenting practitioners are documented, the popularization of rough sex and the trope of all women preferring rough sex has opened the door to disguise and excuse deadly violence against women as seemingly tragic rough sex accidents (so‐called “rough sex defense”) hence, shifting the responsibility and blame to the victim 22–24 . Researchers suggest that engagement in rough sex among younger and older people is influenced by a variety of factors (e.g., cultural and peer influences), 25 including unsafe and gender‐stereotyped rough sex or BDSM representations in pornography 9,10,14,26 …”