Sexual infidelity: the exclusion that never was?

Abstract

Reflects on the implications of the sexual infidelity exclusion under the Coroners and Justice Act 2009 s.55(6), which appears to exempt sexual infidelity from the factors that may be considered as qualifying triggers for invoking the "loss of control" defence to murder. Examines the background to the exclusion, its interpretation by the courts, the meaning of "infidelity", and the different consequences of the exclusion for men and women. Assesses whether the exclusion achieves its goal and whether such infidelity can only be disregarded if independent of any qualifying triggers