Tuesday, 21 Sep 2021

Extreme adult content increases use of rough sex defence for rape, expert claims

A top criminal defence solicitor for accused rapists believes easy access to extremely violent sexual content in porn and mainstream media is increasing the use of the rough sex

Marcus Johnstone of PCD Solicitors claims that more access to extreme kink and fetish related media from free porn sites to Hollywood movies is making sex games more mainstream, which can lead to scenes going too far.

Speaking to the Daily Star, he said: "We tend to come across the 'sex game gone wrong defence' in cases when a consensual sex game has gone too far.

"However, the more we see this defence being used as information about it becomes widely accessible online, we have more and more of these cases in court.

"We sometimes find that a defendant can have more information on this type of defence than the average person would, as they try to be smart and plan what they are going to say after committing an offence.

"With that being said, it's not often the case that these games are made-up as extreme content has become easily accessible and these games are seen everywhere in mainstream media."

Johnstone added that free extreme porn is blurring the lines of consent for youngsters who are able to access it as teens are learning more about sex through pornography.

"We are seeing more younger males being charged for sex offences and more specifically indecent images," he said.

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"There is more access to this material nowadays than ever before and they may see this extreme content and believe that that's what they need to do.

"It seems to start there and progress into other things."

While the solicitor has worked on defending those accused of sexual assault, Johnstone did acknowledge that his defence has had an impact on the number of rape and sexual assault reports.

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During his 15-year-long career, he has mostly worked defending men who have been accused of attacking women and has used the rough sex defence in court before.

In the tax year ending March 2020, 58,856 cases of rape were recorded by police forces in England and Wales. These led to just 2,102 prosecutions, compared with 3,043 in the previous 12 months, the BBC reports.

It was also reported that in the year 2019/20, as many as 57% of rape charges were dropped.

Marcus explained: "It's always been a problem to get women to come forward as the conviction rate is very small and many cases face delays before going to trial.

"The coronavirus restrictions caused further delay which has made everything fall so far behind.

"But sometimes if they were involved in a consensual sex game that went too far they may feel like 'what's the point?' as they may not get a conviction."

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