I’m trying to think about good points for letterwriting. I’m not a lawyer and am wondering what the most effective actions will be that we could to call on judges and others to do?
Is it best to call for ‘sex games gone wrong’ to be regarded no longer permissible as a defence in these scenarios at all?
So, even if there WAS provable consent by victims to take part in that instance of the claimed ‘sex game’ (and certainly ignoring defendants who just claim there was consent to a dangerous sex game without proof) ... we ask judges to treat the consent as irrelevant if death results, or if a living complainant brings a case stating that an abusive and violent sexual experience happened.?
This seems reasonable to adopt because we know that abusers and murderers do use ‘sex games’ or ‘sex games gone wrong’ as a cover.
The community who are into consented sex games assert that all the power in the game is with the submissive person, so surely it would fit with that to conclude that if sex games are played according to their ‘rules’, then sex games should create zero harm to the person who was submissive in the game. (Harm as defined only by that person’s subjective definition of harm)
So if there complaint of harm arising from what the defence says was a ‘sex game’, or if a death arises from a claimed ‘sex game’ then:
By definition that episode was NOT a sex game and it was abuse. Because either
- the victim pressing this case hadn’t consented to the hurt she complains of. That hurt was NOT what she had wanted (even if at some point she had said yes to sex or to some another type of hurt) so it was abusive because lack of consent.
Or
Victim is dead, her death could not have been as part of a sex game with her consent because sex games rely on consent (otherwise they are just abuse) and nobody can consent to being killed. A fatal ‘sex game’ happened by definition without her capacity to have consented to it therefore it is fatal abuse, (ie murder) by the perpetrator.
So defendants who have harmed or killed women could no longer rely on ‘we were playing a sex game and I didn’t hear her say the safe word’
as a defence.
This I think would make no change or interference to the private sex lives of those who enjoy sex games with mutual consent but would remove the cover of ‘sex games’ from those who seek to abuse partners.
A defence account given of ‘sex games gone wrong’ therefore becomes an admission of abuse, so that should be considered an aggravating factor at sentencing. (Certainly not any mitigation as it would appear to be at present).
Defendants would not be able to absolve themselves of their normal everyday responsibility not to kill other people just by saying ‘sex game’ any more and they would have to rely on finding other mitigations for their actions to defend themselves.