Australian gay men's magazine DNA details a case that has not been widely reported in the UK, but which should concern anyone who is into the leather, BDSM and kink play scene.
A 28-year-old man from north Manchester has been found not guilty of manslaughter following the death of a man he met on the dating app Grindr. Josh Baxter was, however, convicted on two other serious charges related to the fatal incident at his Blackley home.
The court heard that Baxter and 38-year-old Michael Barron had exchanged explicit messages discussing "high-risk" sexual interests before meeting. During their encounter, Baxter tied Mr Barron to a bed. Prosecutors successfully argued that Baxter then strangled Mr Barron with sufficient force to fracture a bone in his neck, restricting oxygen to the brain and triggering a fatal cardiac arrest.
Baxter denied manslaughter, with his defence suggesting the death was an accident potentially linked to alcohol poisoning. He claimed he had no intention of causing harm. His actions after the incident became a focal point of the trial; instead of calling for emergency services, he messaged other men on Grindr and searched online for "If you accidentally kill someone by strangling them in sex, do you go to prison?"
Prosecutor Anne Whyte KC detailed Baxter's "quite specific" sexual tastes, which included an interest in BDSM, choking, and other high-risk activities.
A Split Verdict
After more than nine hours of deliberation, the jury acquitted Baxter of manslaughter. They did convict him of the separate offences of intentional strangulation or suffocation and unlawfully inflicting grievous bodily harm. He is due to be sentenced for these convictions at a later date.
The complex verdict underscores difficult legal questions surrounding adult, consensual encounters. While the court heard Mr Barron had agreed to a "kink session," the prosecution focused on the intent and nature of Baxter's actions. The outcome indicates the jury believed Baxter's conduct exceeded the bounds of reasonable safety, even within a pre-arranged scenario.
The case has resonated deeply within the LGBTQIA+ community, sparking conversations about safety, communication, and accountability. Experts and community advocates stress that clear communication of hard limits and the establishment of safe words are crucial, especially when exploring high-risk activities. They also advise informing a friend of your whereabouts when meeting someone new.
The death of Michael Barron is a tragic reminder of the potential consequences when boundaries are not respected, highlighting the critical need for vigilance and care in all intimate encounters.