Michelle Clarke comments on the legalities of leg locking

Michelle Clarke
By: Michelle Clarke May 13, 2024

Michelle Clarke comments on the legal issues raised surrounding leg locking, and the circumstances in which it could be prosecuted, in Metro.

“Leg locking presents an extremely difficult challenge for the prosecution. This is primarily because it is unlikely that there will be any independent witnesses, due to the intimate context and nature of the activity.

“The CPS would only agree to prosecute after they had ascertained if there was a realistic prospect of conviction, such as, for example, if consensual filming had taken place, which would provide some additional evidential weight.

“If a man chooses to have unprotected sexual intercourse with a woman whom he knows was not using contraception, it is difficult to determine a set time when he could be said to no longer be consenting, unless there was some form of verbal or written agreement before this took place.

“In any event, cases involving leg locking are very much fact specific – a woman can of course sexually assault a man, but it is the timing and circumstances that need to be considered.”

“In the right, fact-specific case circumstances, leg locking could potentially be sexual assault.”

Michelle’s comments were published in Metro, 10 May 2024.

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