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Sexualizing the killing of women : the rise of the “rough sex” defence in Anglo-American jurisdictions Susan S.M. Edwards

By: Edwards, Susan S. M.
Material type: materialTypeLabelArticleSeries: International Annals of Criminology.Publisher: Cambridge University Press, 2023Subject(s): ATTITUDES | CRIMINAL JUSTICE | FEMICIDE | HOMICIDE | INTIMATE PARTNER VIOLENCE | MISOGYNY | PORNOGRAPHY | SEXUAL VIOLENCE | STRANGULATION | INTERNATIONAL | UNITED KINGDOM | NEW ZEALANDOnline resources: DOI: 10.1017/cri.2023.11 In: International Annals of Criminology, 2023, First published online, 12 April 2023Summary: 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. (Author's abstract). Record #8110
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International Annals of Criminology, 2023, First published online, 12 April 2023

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. (Author's abstract). Record #8110