On June 30^th, the U.K. government published a new clause in its Domestic Abuse bill which outlaws the ‘rough-sex’ defence. This was a property that was previously in place which enabled men to avoid murder charges on the grounds of ‘rough-sex gone wrong.’ The amendment will come into effect later this year. The new properties will rule out ‘consent for sexual gratification’ as a defence for causing serious harm or murder in both England and Wales. Previously, men in this situation were usually charged under the grounds of manslaughter. This principle is abolished, meaning that in such cases the charge will be murder.

This has been an on-going issue spanning over a decade. In 1996, two women per year were injured or even killed under the pretence of what the defendants deemed “consensual rough-sex.” By 2016, this figure became 20 women per year. The promising result comes after an 18-month long campaign by We Can’t Consent to This, an organisation which exists in order to bring these women’s stories to the public. Partnering with MPs Harriet Harman, Mark Garnier, and Laura Farris, the organization has done extensive research into the problems arising due to the ‘rough-sex’ defence as well as producing a petition around the issue which gained over 67,000 signatures from the public. We Can’t Consent to This revealed recent statistics which showcase that 67 victims were made to go to court during the past decade to deny that they gave their consent to being strangled, assaulted, or subjected to violence during sex.

Usually, non-fatal strangulation should be tried as a serious assault under the guidelines devised by the Crown Prosecution Service, yet unfortunately this is a rare reality. Unbeknownst to many, in 45% of cases within the U.K. where a man kills a woman during sex and alleges she gave her consent, the ‘rough-sex’ defence succeeds. In some cases, it’s regarded as manslaughter yet shockingly, other cases are regarded as non-criminal at all. With such frightening statistics, Monday’s verdict offers peace to some of the victims’ families, in which they can take comfort that this will not be a future occurrence for other women to endure. Fiona McKenzie, founder of the campaign group, said: “I’m so proud of us, of what we have done. Some of us knew women who have been killed and were determined to not let what happened to their friends or family happen again. For nearly 50 years, the criminal justice system has failed so many women – it is in their honour that we have fought this.”

A unique report was released earlier this year, the first of its kind circulating in the U.K. The report found strangulation during sex can increase the risk of stroke and brain injuries even if the person does not lose consciousness. Researches at Bangor University, as well as doctors at North Wales Brain Injury Service, discovered the commonalities surrounding the after effects of strangulation. In many cases, the victims go on to suffer symptoms days or even weeks after the incident occurred. Included in the report were the physical repercussions of strangulation: cardiac arrest, stroke, miscarriage, speech disorders, seizures, paralysis, and other forms of long-term brain injury. Justice Minister Alex Chalk said: “No death or other serious injury – whatever the circumstances – should be defended as ‘rough sex gone wrong.’ Their actions will never be justifiable in any way.”

The women of the U.K. can celebrate Monday’s result. However, as Mackenzie states, there is still “a lot of work left to do.” This clause is not accessible in Scotland and Northern Ireland, and We Can’t Consent to This aims to make this law in these places next. Equally, the campaign group noted non-fatal strangulation is “widely under-prosecuted,” whilst in such cases women’s sexual histories continue to be presented in court to support claims that they consented to violence. The group have called for more revisions of the Domestic Abuse bill. However, their enthusiasm and passion towards the cause can continue to be a source of comfort for women in the U.K.