A woman in Scotland was in an abusive relationship. She had been battered and beaten by her partner but, until one particular night, he had never sexually abused her. But he came home drunk in the early hours and forced her to have sex with him.

The woman, who is 24, somehow had the presence of mind to grab her phone and record the assault. A 16-minute recording demonstrates her “crying, screaming with pain, telling the man he is hurting her and begging him to stop.

“Several times during the recording she is clearly heard telling him “no” and to “let up” and to leave her alone.”

Imagining how frightened and distressed she was, to have been able to find her phone, find the recording app and hit record, during a brutal assault, is really quite something. She took herself and her recording to the police.

An officer who heard the recording described it as horrific but, after a trial (during which the recording was heard), the woman’s boyfriend was acquitted of the rape charge.

It seems impossible to imagine, but his defence was that this was “role play sex”, kinky sex where the idea was to pretend she was resisting and he could pretend he was raping her. The woman was described by the judge as “too successful” to be raped, according to her background.

This is not the first time that I have heard of kinky sex being used as a defense in a rape case. It was even used in the case of Natalie Connolly, after her death. After sex so “rough” that Connolly was so badly injured that she died at the bottom of the stairs afterwards, and after her boyfriend John Broadhurst left her there to die, he was only convicted of manslaughter because the rough sex was said to have been consensual.

The We Can’t Consent to This website has also found the cases of 42 women whose rapes were blamed on consensual rough sex. There are no doubt more.

Read the full article: 

Stop using kink as a defense for rape by Philippa Willitts

April 12, 2019