Question to the Ministry of Justice:

To ask the Secretary of State for Justice, if he will take steps to ensure that it is a requirement of the new Domestic Abuse Commissioner to record information on the number of women killed by men who claim rough sex as a defence to murder in England and Wales.

The law states that a victim is unable to consent to actual bodily harm or other serious injury, including death. Defendants who claim consent to such activity remain liable to prosecution.

The Ministry of Justice collects information on defendants that are prosecuted and convicted of specific criminal offences in England and Wales (i.e. murder, manslaughter, etc) in any given year. Information is not collated on whether a prosecution or conviction relied on a defendant’s claim in their defence, that death had resulted from rough sex gone wrong. This may be a matter of court record but such information could only be obtained at disproportionate cost.

Under the provisions of the Domestic Abuse Bill, the general functions of the Domestic Abuse Commissioner will include encouraging good practice in the prevention, detection, investigation and prosecution of offences involving domestic abuse. Specified public authorities, including chief officers of police and the Crown Prosecution Service, will be under a duty to cooperate with the Commissioner where it is reasonably practical to do so. The duty to cooperate could include, for example, responding to requests for information from the Commissioner. As an independent office holder, it will be for the Commissioner to determine how best to discharge her functions and exercise her powers.”