NCJ Number
121545
Journal
Journal of Criminal Law and Criminology Volume: 80 Issue: 2 Dated: (Summer 1989) Pages: 557-584
Date Published
1989
Length
28 pages
Annotation
This article examines two mitigating inferences to the rough sex defense used by defendants accused of homicide and proposes that a strict liability standard be applied to rough sex homicides.
Abstract
The rough sex defense argues that the victim consented to sexual practices resulting in her death, thereby reducing the defendant's culpability. The article examines the rough sex defense in light of public policy considerations and the criminal law doctrines of consent, concluding that the argument that the victim consented is contrary to accepted principles of criminal law. The argument that the defendant lacked sufficient intent necessary for a murder conviction is also examined, and a strict liability standard is proposed for homicides that occur as a result of rough sex. The strict liability rule would be constitutional despite the argument that it would abridge certain fundamental rights. 160 footnotes.