Publications

Response to the Department of Justice Consultation on Consent to Serious Harm for Sexual Gratification: Not a Defence

Read the Commission’s response to the Department of Justice consultation on Consent to Serious Harm for Sexual Gratification: Not a Defence.

Date produced January 2021.

Below is a summary of the recommendations contained in the report.

You can also download the full document through the links provided.

The Northern Ireland Human Rights Commission (NIHRC) :

• 2.14 recommends that the Department of Justice introduces legislation that removes the defence of consent to serious harm for sexual gratification. It is suggested that consideration is given to the wording used in the England and Wales Domestic Abuse Bill.
• 3.17 recommends that the proposed legislation should include an element that protects against gender-based violence, using the UN CEDAW, UN CAT and Istanbul Convention as a guide.
• 4.8 recommends that the Department of Justice works with the Department of Education to provide a parallel programme for education alongside the legislation. The NIHRC recommends that the programme for education specifically references human rights standards and considers recommendations of the UN CEDAW Committee and Gillen Review.
• 4.9 continues to call on the UK Government and NI Executive to fulfil their obligations outlined in the NI (Executive Formation etc) Act 2019. The NIHRC continues to recommend the introduction age appropriate and scientifically based reproductive and sexual health education that addresses the meaning of consent, healthy relationships and prevention of gender based violence. This will require cross departmental collaboration.
• 5.4 recommends the Department of Justice brings forward appropriate legislative change as soon as is practicable for nonfatal strangulation to be regarded as a standalone offence. Any legislative change should be clear that the defence of consent to harm for sexual gratification can no longer be used.
• 5.6 recommends that the Department of Justice takes effective steps to promptly implement the recommendations of the Gillen Review in Northern Ireland. In particular, recommendations 6 and 9, which would assist in dispelling the rough sex defence narrative used by perpetrators.
• 5.8 recommends the Department of Justice gathers disaggregated, comprehensive data on the use of the rough sex defence in Northern Ireland and that this data is published in accessible formats and effectively monitored. This data should be used to identify areas where further research is required and be used to establish the effectiveness of the law and whether further measures, training or guidelines are required.