*T/W // R*pe & Assault: This piece talks openly about details that may be triggering for survivors.*
By Rebecca Astill
Cindy Gladue was 37 when a man ripped an 11 centimetre tear in her vagina and left her to bleed to death in a bathtub. He was found not guilty.
Natalie Connolly was 26 when her partner beat her, breaking her left eye socket, until she bled to death as a result of 40 separate injuries. He was found guilty. Not of murder, but of manslaughter.
Grace Millane was 21 when a man strangled her to death, took photos of her body instead of calling for medical help, and buried her in a suitcase. He was found guilty of murder, but only after GraceÔÇÖs reputation had been annihilated in the courtroom on account of her sexual history.
These are just three examples of women who have had their characters put on trial after their murderersÔÇÖ use of the rough sex or ÔÇÖ50 shadesÔÇÖ defence. According to We CanÔÇÖt Consent to This, the founders of the campaign to change the law, 60 women have been killed in the UK since 1972 by attackers who used the rough sex defence. Furthermore, in the last five years alone, 7 out of 17 cases have been successful in receiving shorter sentences, for manslaughter or even acquittal owing to the defence.
This is about to change. As of 30 June 2020, the government has published a new clause that ÔÇÿconsent to serious harm for sexual gratification is not a defenceÔÇÖ to the Domestic Abuse Bill. This will work towards putting an end to the ubiquitous victim blaming surrounding women affected by male sexual violence. These women may have consented to certain sexual activities, like strangling or the use of BDSM gear, but they never consented to being murdered. Even the suggestion that they might be partly responsible for their own deaths is sacrilege. This isnÔÇÖt a ÔÇÿsex game gone wrongÔÇÖ, this is murder. The easiest way to disempower a woman has always been to condemn her sexuality, and it is no different in a courtroom.
It is paramount that this law is rigorously enforced to protect women from the same fates as Cindy, Natalie and Grace in the future.
What steps will actually be taken?
Previously, the case law of R v. Brown, more commonly known as the Spanner case, existed. Five men were convicted for their involvement in sadomasochistic sexual acts, resulting in wounding victims. The Court voted that consent was not a valid defence for the assault which included nailing parts of victimsÔÇÖ bodies to a board.
Theoretically this should have meant that injuries or death during sex could not have been consented to and therefore the ÔÇÿsex game wrongÔÇÖ argument should not have stood for as many trials as it did since the case law. However, with case law it is all too easy to find loopholes if the cases do not directly mirror each other. The new changes will make this premise a statute, so that rough sex can no longer be used as a defence for assault or murder. A Director of Public Prosecutions review will also be introduced if the prosecutor charges anything less than murder.
The Crown Prosecution Service (the CPS) will have an updated ÔÇÿrape listÔÇÖ, which lists specific barristers who can prosecute rape and child abuse offences. The selection criteria includes undertaking CPS accredited training which covers rape and sexual abuse case studies, and they must also have experience in dealing with similar cases with vulnerable witnesses, with a sexual element. As well as this, it is detailed that they must have an awareness of the impact of rape trauma on the victims and knowledge of consent issues.
What now?
These changes in England and Wales will mean that more ÔÇÿrough sexÔÇÖ cases are treated as the murder that they are, eliminating reduced sentencing. Cases of this nature tend to be high profile, and often the victims themselves end up being put on trial by the media.
This isnÔÇÖt the end of the conversation. VictimsÔÇÖ names could remain anonymous and the jury could be further educated on myths surrounding sexual violence. This would also work towards keeping the cases out of the media, by protecting the names.
However this is a huge step in the right direction and will undoubtedly make a difference in the numbers of incorrect sentencings of similar cases. LetÔÇÖs hope that when we re-evaluate the figures in another few yearsÔÇÖ time, rough sex has only resulted in murder charges.
If you have been affected by any of the topics discussed in this article, support can be found on the rape crisis website. http://rapecrisis.org.uk/. They also have a UK helpline on 0808 802 9999 that is open between 12:00-14:30 and 19:00-21:30 everyday of the year.