The “Rough Sex” Defense: New Developments for Consent and the Law
By Susan Wright, NCSF Spokesperson
Content warning: this piece includes the mention of violence, sexual assault, and police misconduct.
Until recently, there was no legal definition of affirmative consent for adults who use force or restraint during erotic power exchange and roleplay. Instead, U.S. case law has found, based on moral objections, that consent is not a defense to assault—even for mild, non-injurious kink activities.