An important question raised by the RSD research is how it rose to become so readily seized upon as a potentially effective legal defence. Relevant here is literature such as Laura Bates' excellent but alarming book Men who Hate Women (2020), which highlights how men and boys can become radicalised towards extreme misogyny. In addition, Hagemann-White and colleagues' (2011) 'ecological' model describes multi-layered interactions between social structures and norms, day-to-day interactions in the immediate environment and individuals' life histories.
Growing acceptance of explicit discussions about sexual practices such as BDSM might, we suggest, lead jurors to be more sympathetic to claims of consensual rough sex. This is not, of course, suggesting that consensual BDSM is linked to sexual violence – but rather that the notion of BDSM in the public consciousness (e.g. from the Fifty Shades… novels) could raise the credibility of the RSD. Societal attitudes toward female victims of violence, including victim-blaming and sensationalised media coverage, may also lead jurors to be more accepting of defences that suggest the victim's willing participation in rough sex. High-profile cases where the RSD has been successfully deployed can also set precedents that other defendants might seek to exploit.
The concentration of RSD cases in the 16–24 age group may indicate that the cultural normalisation of public perceptions around rough sex occurred during the formative years of this cohort (Yardley, 2021), who may therefore be particularly vulnerable to claims that their homicides were 'sex games gone wrong'. There is little evidence for women deriving sexual gratification from being strangled, yet strangulation is the most common cause of death in RSD cases (Yardley, 2021). As well as being a personal form of attack, strangulation is a very effective form of control, ultimately controlling whether a victim lives or dies. A common 'myth', which may influence jurors, is that it is easy to accidentally kill by strangulation: although unconsciousness may occur within seconds, death requires minutes of sustained strangulation. Yardley (2021) described how the eroticisation of strangulation of women is also evident in pornography and has been 'subsumed within a perpetrator-led BSDM narrative and is not treated with the gravity it deserves in criminal proceedings' (p.1845). In addition, a significant number of strangulations investigated result in no further action due to difficulties with evidence such as no visible signs of external injury despite severe internal damage (Santa Cruz, 2025).
Yardley (2021) found that over half the perpetrators using the RSD claimed that the 'victim initiated or asked for the activity that led to their death' (p.1858). Testimony about conversations around engaging in supposed BDSM can be presented by the defence, which serves to further cast the victim as responsible for her own death. Edwards (2016) observed that defendants can readily deploy a sexual consent narrative by misappropriating BDSM narratives 'to disguise what is essentially cruel and misogynist conduct' (p.2). This is akin to how an alleged rape victim's sexual history was often used against her in Court (Bows & Herring, 2020). Reed (2020) suggested that it may also be helpful to grant victims anonymity within these cases, and for juries to be informed about myths surrounding sexual violence to alleviate some of the trauma experienced by families and friends of the victim.
https://www.bps.org.uk/psychologist/rough-sex-defence-new-manifestation-misogyny
Please note: these are only a few paragraphs from a much longer report so do not reflect the article!