‘Rough Sex’ and the Criminal Law

Feminist Developments in Violence and Abuse

Series Editors: Dr Hannah Bows, Durham University, UK and Professor Nicole Westmarland, Durham University, UK

Feminist Developments in Violence and Abuse provides a feminist forum for academic work that pushes forward existing knowledge around violence and abuse, informing policy and practice, with the overarching objective of contributing towards ending violence and abuse within our society. The series enables academics, practitioners, policymakers and professionals to continually build and explore their understanding of the dynamics, from the micro to the macro level, that are driving violence and abuse. The study of abuse and violence has a large scope for co-producing research, and this series is a home for research involving a broad range of stakeholders; particularly those working in grassroots domestic and sexual violence organizations, police, prosecutors, lawyers, campaign groups, housing and victim services. As violence and abuse research reaches across disciplinary boundaries, the series has an interdisciplinary scope with research impact at the heart.

Available Volumes:

  • Victims’ Experiences of the Criminal Justice Response to Domestic Abuse: Beyond GlassWalls

    Emma Forbes

  • Understanding and Responding to Economic Abuse

    Nicola Sharp-Jeffs

  • Rape Myths: Understanding, Assessing, and Preventing

    Sofia Persson and Katie Dhingra

  • Gendered Justice? How Women’s Attempts to Cope With, Survive, or Escape Domestic Abuse Can Drive Them into Crime

    Jo Roberts

Forthcoming Volumes:

  • Not Your Usual Suspect: Older Offenders of Violence and Abuse

    Hannah Bows

‘Rough Sex’ and the Criminal Law: Global Perspectives

EDITED BY

HANNAH BOWS

University of Durham, UK

AND

JONATHAN HERRING

University of Oxford, UK

United Kingdom – North America – Japan – India – Malaysia – China

Emerald Publishing Limited

Howard House, Wagon Lane, Bingley BD16 1WA, UK

First edition 2023

Editorial matter and selection © 2023 Hannah Bows and Jonathan Herring. Individual chapters © 2023 The authors.

Published under exclusive licence by Emerald Publishing Limited.

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No part of this book may be reproduced, stored in a retrieval system, transmitted in any form or by any means electronic, mechanical, photocopying, recording or otherwise without either the prior written permission of the publisher or a licence permitting restricted copying issued in the UK by The Copyright Licensing Agency and in the USA by The Copyright Clearance Center. Any opinions expressed in the chapters are those of the authors. Whilst Emerald makes every effort to ensure the quality and accuracy of its content, Emerald makes no representation implied or otherwise, as to the chapters’ suitability and application and disclaims any warranties, express or implied, to their use.

British Library Cataloguing in Publication Data

A catalogue record for this book is available from the British Library

ISBN: 978-1-80117-929-4 (Print)

ISBN: 978-1-80117-928-7 (Online)

ISBN: 978-1-80117-930-0 (Epub)

Introduction 
Hannah Bows and Jonathan Herring1
Chapter 1: Consensual Aggression and Violence During Sex (‘rough sex’) in the General Population – A Scoping (Literature) Review 
Bernard Gallagher, Nadia Wager, Victoria Gall, Barbara Gilroy, Lara F. Hudspith, Manisha Singh, Joseph Sykes and Vicky Whitaker9
Chapter 2: Coercive Control and Rough Sex 
Jonathan Herring31
Chapter 3: Defining Rough Sex Via Mainstream Pornography 
Samantha Keene53
Chapter 4: BDSM and the Legal Imaginary 
Alexandra Fanghanel69
Chapter 5: The Legality of Love-bites 
Amanda Spalding85
Chapter 6: Effectively Recognizing and Punishing Sexual Coercion: Proposals for Reform 
Susan Leahy99
Chapter 7: A Critique of the ‘Rough Sex Defence’ in Australian Rape Law 
Rachael Burgin and Jonathan Crowe117
Chapter 8: Understanding Women’s Experiences of Non-consensual Violence in Sex 
Lucy Snow133
Chapter 9: The Rough Sex Defence in the UK 
Fiona Mackenzie151
Chapter 10: Reacting to Rough Sex: The Unexpected Toll of Section 71 Domestic Abuse Act 2021 
Emily Bradley167
Chapter 11: On Sadism: Placing the Rough Sex Defence Within a History of Sadistic Conceptualization 
Ray Harris185
Index199