In July 2025, The Guardian reported a concerning rise in choking during sex amongst teenagers. The article titled ‘There is no safe way to do it’, shows expert warnings that many young people are imitating violent behaviours seen in mainstream pornography, often without having a full understanding of the physical dangers or legal consequences.
At Eventum Legal, we often seen young people at the forefront of allegations of this nature. This alarmingly normalisation of non-fatal strangulation in adolescent relationships raises immense concerns for the safety of both our clients and the wider public.
Many parents of our clients tend to be shocked to discover that even if both teenagers ‘consent’ to choking or any other rough sexual act, the law does not necessarily recognise that consent as a defence. Under the Domestic Abuse Act 2021, non-fatal strangulation is now a standalone offence attracting up to a five year custodial sentence, even if no visible injuries are left behind.
What is ‘Rough Sex’ and its Presence Online ?
‘Rough sex’ is a term often used to describe consensual sexual activity. This can include elements of violence, aggression and humiliation in the form of choking, slapping or restraint. Amongst young people, these behaviours are increasingly mimicked from online pornography. In particular, content that glamorises domination, submission or pain. Due to the easy accessibility of this content, teenagers are viewing and being influenced before they fully understand healthy sexual boundaries or the legal implications of this behaviour. More often that not it is simply lack of education that drives offences of this nature, especially with the BBC reporting that children as young as nine are exposed to pornography. The Children Commissioner drew light to the correlation between early exposure to pornography, frequent consumption and the development of harmful attitudes and behaviours. Most young people fail to understand that acts of choking can be illegal even if both parties ‘consented’, this creates a disconnect between the perception of mutual consent and what the law allows.
Parents have been advised to take practical steps in protecting their children by way of holding proactive, age-appropriate conversations. It has also been highlighted for parents to encourage digital responsibility, teaching children on the importance of avoiding sharing intimate acts online even when in trusting relationships. However, without more rigorous legal intervention and educational input, parents alone cannot protect young people from these harms.
More crucially, despite what two teenagers may see in pornography, believing in its normality, the law makes a sharp distinction between consensual intimacy and acts that cause actual or grievous bodily harm. Under the law of England and Wales, a person cannot legally consent to serious injury being inflicted upon them during sex. This key legal precedent was established in the case of R v Brown [1993], where it was held that consent was not a defence to the infliction of actual bodily harm. There have been controversies surrounding this with other key cases such as, R v Slingsby [1995], R v Wilson [1997] and R v Emmet [1999]. Ultimately R v Brown [1993] has since been reinforced by section 72 of the Domestic Abuse Act 2021. Additionally, the Act has introduced the offence of non-fatal strangulation as a standalone offence.
What is non-fatal strangulation:
The criminalisation of non-fatal strangulation was introduced by section 70(1) of the Domestic Abuse Act 2021, which inserted section 75A into part 5 of the Serious Crime Act 2015. Thus creating two new offences of non-fatal strangulation (s.75A(1)(a)) and non-fatal suffocation (s.75A(1)(b)). Prior to the Act, non-fatal strangulation and suffocation was often prosecuted under common assault carrying much lower penalties. The law aims to reflect the serious risk of physical and psychological harm, even when the act appears on the surface as ‘consensual’ or leaving no marks.
Non-fatal strangulation is committed where a person intentionally strangles another. Despite there being no statutory definition of what strangulation is, the Crown Prosecution Service has indicated that any pressure to the neck which impedes normal breathing without causing death and interference with the circulation of blood is sufficient. This pressure does not need to be violent or forceful as even gentle pressure which interferes with normal breathing would satisfy the offence. Additionally, this pressure does not need to be applied by a persons hands, its application can originate from an arm, foot or knee. The ultimate requirement being the intentional application of pressure to a persons neck removing the possibility of recklessness.
Non-fatal suffocation is committed where a person does any other act (other than strangulation) which constitutes a battery affecting another’s ability to breath. Similarly, there is no statutory definition for suffocation but the Crown Prosecution Services indicates any deprivation of air thus affecting normal breathing is sufficient.
This offence provides wider scope incorporating any act of unlawful touching which affects the ability to breath, this can include use of objects to cover ones airway or pressure to the chest or mouth. The differentiating factor of non-fatal suffocation in comparison to its strangulation counterpart is the fact that this can be committed intentional or recklessly. Importantly, both offences do not require any visible injuries in order to be charged.
Legal Consequences for Youths:
When a young person is accused of non-fatal strangulation or suffocation more often in the context of a sexual relationship, the legal consequences can be severe and long lasting. Although the youth justice system in England and Wales actively take age and maturity into account, the offence under section 70 applies to anyone aged 10 or over. Resulting in teenagers being arrested, interviewed under caution and even charged.
Although the law aims for all cases involving children and young people to be heard at the Youth Court wherever possible, more serious allegations, particularly those involving sexual elements or repeat behaviour can be escalated to the Crown Court. This is due to the Youth Courts jurisdiction only attracting a custodial sentence of up to two years whereas an offence of this kind can attract a maximum of a five year custodial sentence. Other potential penalties may include a referral to the youth offending teams, restraining orders or Sex Offender Registration notification requirements where the non-fatal strangulation or suffocation is linked to a sexual offence.
Even when conviction is avoided, the emotional, academic and social impact of a police investigation is profound. Bail conditions may include no contact orders, school exclusions and limitation of device usage. For most families, legal processes of this nature are unfamiliar, fast-moving and cause an unprecedented amount of stress. That is why early legal advice can make a significant difference in both shaping the outcome of an investigation and protecting a young persons future.
Key Defence Considerations:
Section 75A of the Domestic Abuse Act 2021 does provide a defence to show that the complainant consented as long as no serious harm is caused. However, linking back to R v Brown it has been clarified that a person cannot consent to injury amounting to actual bodily harm, wounding or grievous bodily harm. Importantly s.71 of the Domestic Abuse Act 2021 states, a person cannot consent to serious harm for sexual gratification with ‘serious harm’ defined as s.18 GBH, wounding or ABH, preventing any application of the ‘rough sex defence’.
However, when it comes to young people, it is paramount to consider age, maturity and understanding of consent. This highlights the importance of working with experts when conducting psychological assessments. It also must be considered whether or not there was a lack of intention to cause harm this could be impulsive behaviour, copied behaviour or miscommunication. Furthermore, digital evidence evidence should be evaluated such as texts or videos. Additionally, it is important to note whether or not interview protocols for youths were properly followed including an appropriate adult and no leading questions.
How Eventum Legal Can Help:
You may be a worried parent, or reading this as a youth facing a false allegation. Don’t go through this alone, it is not easy to pick up the phone and ask for help but our team pride ourselves on our non judgemental and compassionate approach to all of our client’s and their families. It can be incredibly overwhelming when entering unfamiliar territory, navigating the legal world of criminal investigations but we are here to help get you and your family through it.
If you would like a free non-obligatory initial consultation about your case, please get in touch. We will do everything possible at all stages of any cases to ensure you receive the best possible outcome.
Written by: Sylvie Smith