Yes, I’ve read the thread and the link. I doubt you’ve understood what it’s saying or bothered to look any further.
Here’s an extract from the CPS guidelines on non-fatal strangulation or suffocation:
Section 75A(2) SCA 2015 provides a statutory defence for A to show that B consented to the strangulation or other act. However, this is a limited by section 75A(3) SCA 2015 which states the defence does not apply if:
- B suffers serious harm as a result of the strangulation or other act, and
- A either –
- intended to cause B serious harm, or
- was reckless as to whether B would suffer serious harm.
The legislation goes on to provide a definition of ‘serious harm’ in section 75A(6) SCA 2015 as:
- grievous bodily harm (GBH) within the meaning of section 18 of the Offences Against the Person Act 1861,
- wounding within the meaning of section 18 of the Offences Against the Person Act 1861, or
- actual bodily harm (ABH), within the meaning of section 47 Offences Against the Person Act 1861.
This gives legislative effect to the decision in R v Brown [1993] UKHL 19 which decided that consent by the victim to the infliction of any injury amounting to ABH, unlawful wounding or GBH did not provide a suspect or defendant with a defence save in special circumstances.
So there’s nothing unlawful about consensual choking. What a person can’t do is consent to be seriously harmed. But that was the law anyway. And the law already prohibited battery, ABH, GBH etc.
What the government did - quite rightly - was to make clearer that the existing law applies to strangulation/suffocation as well as to acts of striking, burning and so on.
And there is not and never has been a ‘defence’ of rough sex, unlike, say, self-defence or loss of control (a partial defence).
The rough sex ‘defence’ is an argument on the facts, not a defence. And even if it succeeds (and like you I hope it fails every time) it would reduce an offence of murder to manslaughter- because intention to kill is absent - not defeat any homicide charge.