Souseiseki wrote:https://www.bbc.co.uk/news/uk-england-51151182Rough sex murder defence: Why campaigners want it banned
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Ms Millane, from Wickford in Essex, was murdered in New Zealand, but back home in England former solicitor general Harriet Harman wants the law changed to stop men from being able to use the defence of "rough sex gone wrong" - even if the death is a genuine accident. They should always be prosecuted for murder, the Labour MP believes, and it is "his bad luck" if a man accidentally kills his partner during sex.
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The group We Can't Consent To This has collated 59 examples of women "killed by men who claim a sex game, gone wrong" and, along with Ms Harman, is demanding that the rough sex defence should be outlawed. The group's numerous supporters include the Guardian newspaper and women's magazine Grazia.
When Grazia asked Prime Minister Boris Johnson about the proposal, he said: "I agree with Harriet Harman that the '50 Shades defence' is unacceptable and we'll make sure the law is clear on this."
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A second amendment backed by campaigners is to do with people consenting to being injured.
In the late 1980s, in a case known as R v Brown, the UK's highest court ruled that consent was not a defence to actual bodily harm (ABH). The judgement concluded a case in which a group of men had willingly submitted to whippings and beatings, for sexual satisfaction. Evidence had only come to light because the men had videotaped the acts.
What Ms Harman wants is for this to be written into the bill going through Parliament.
"R v Brown is in case law but bearing in mind we've got a new Domestic Abuse Bill, it would be right to put it in statute law," she said. "Statute law is much more under the noses of the judiciary and the prosecutors and the defence."
But barristers are cautious.
"Kneejerk" legislation that is a response to prominent campaigning, risks "creating bad, unworkable" laws that fail to protect the public, said Caroline Goodwin QC, chairwoman of the Criminal Bar Association.
oh great boris johnson indicating he might use his great majority to pass yet another stupid fucking law regarding BDSM in the UK in regards to yet other moral panic campaign. it's good to see that after jeremy cobyrn and brexit tore apart parties and even the country as a whole we're back to the old days of labour and the conservatives coming together to pass some dumb bullshit law. r v brown continues to haunt us.
every time i allow myself to become complacent and think "huh maybe the UK isn't that bad" someone appears out of the shadows to remind me no this place is absolutely fucking insufferable.
R v Brown is a terrible court decision, and this will only make matters worse.