The Fifty Shades novels chart the progression of the relationship between two main characters: Anastasia Steele, an innocent and naïve student, and Christian Grey, an older, substantially more experienced millionaire.
What sets these novels apart from standard romantic literature is the graphic sexual nature of the books and the BDSM (bondage domination sadomasochistic) nature of the characters' relationship.
A central theme of the novels is the requirement for Anastasia, the submissive, to enter into a contract with Christian, the dominant, within which she will effectively pass power and control over her to him. This includes complete control over her wardrobe, health, fitness and grooming, speaking only when allowed to do so, not looking at him openly unless directed to do so, and permitting him to control her sexually and to provide physical punishment.
Rather than being a description of an unusual lifestyle, it has been suggested that in fact the Fifty Shades novels glamorise an abusive relationship.
In the eyes of the law, the novels evidence all six examples of kinds of domestic abuse. These include financial control, as the abuser seeks to control the family finances and so increasing their partner's dependence upon them; geographical control, where the abuser will seek to limit where their partner can go; relationship control, where the abuser will frequently seek to limit whom their partner can interact with; and emotional control, with the abuser seeking to undermine the self confidence and esteem of their partner.
While physical abuse is not necessarily evident in all domestically abusive relationships, the use or threat of violence is a significant factor in many of these kinds of relationships.
Another significant weapon used by the domestic abuser is the threat to their partner of the impact should they seek to leave the relationship. This frequently includes financial threats in terms of loss of home, accommodation and ability to meet bills, threats of physical violence and, in cases where children are present, threats that the abuser will ensure that the children are removed from their partner.
The power of the abuser is frequently revealed by their monitoring the activity and actions of their partner, often turning up unexpectedly. This stalking is undertaken by a bodyguard in the novels, so can occasionally be undertaken by a third party.
It is true to say that not all of the above appear in the Fifty Shades novels, and a point of difference between the relationship described in the novels and a domestically abusive relationship would be the argument that Anastasia's willingness is entirely consensual, and that it is the submissive, Anastasia, who in effect holds the power with the use of a 'safe word', with which she can bring to an end any activity.
Whatever the truth of that debate, it is certainly the case that in domestically abusive relationships there is no intended or implied consent from the victim.
Irrespective of whether the Fifty Shades novels indeed reflect a domestically abusive relationship, the blurring of the differences between a BDSM relationship and abuse is already making its way into reality.
Newspapers recently reported the case involving Stephen Lock, who was arrested and prosecuted by the police for tying his partner to a ring bolt and whipping her with a length of rope. It was contended that Mr Lock and his partner (who cannot be named for legal reasons) had planned a 'master and slave' roleplay fantasy after reading the novels. The woman contended however that it had gone too far and he was charged with actual bodily harm.
During the course of the trial it was revealed that the complainant had signed a contract similar to that described within the Fifty Shades novels and claimed that the activity engaged in between them was of a purely consensual nature. After four days of deliberation the jury found Mr Lock not guilty.
It is perhaps relevant to note that it is reported that Mr Lock had three previous convictions for violence against women.
As Mr Lock's barrister said during the course of proceedings: "Fifty Shades of Grey is not a manual, it is a work of fiction and this is a case which demonstrates that things can go wrong."
Certainly if the Fifty Shades novels didn't include the contract of consent, the behaviours and activities of the main characters provide a clear and unpleasantly graphic indication of what we would deem to be domestic abuse behaviour.
Peter Marshall is a partner in the Cornwall Family Law team of Stephens Scown LLP, based in St Austell. He is a specialist in handling domestic abuse cases and sits on Resolution's national domestic violence committee. He can be contacted on 01726 74433, by email solicitors@stephens-scown.co.uk or via www.stephens-scown.co.uk