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Abstract: This article will explore the law’s responses to cases where the defendant has claimed that the killing took place during “rough sex”. It will highlight two ways in which the defendant might raise a defence in such a case. First, the defendant might claim that the act causing death was lawful because it was consented to. Second, the defendant might claim a lack of mens rea because he was focussed on the “sexual” activity and so had no intent to cause harm. Many legal systems have been alert to the first argument and even sought to introduce legilsation to limit its potential effectiveness, but the second argument has not been fully addressed in most jurisdictions. This article’s novelty lies in its extended analysis of our earlier works regarding the potential significance of the “no mens rea” argument in “rough sex” cases.
Keywords: rough sex; consent; murder; manslaughter; intention
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