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A red flag for homicide

Should non-fatal strangulation be made a stand-alone
criminal offence?

HEATHER DOUGLAS PHOTO: Geralt on Pixabay

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LAW, SOCIAL POLICY | AUSTRALIA

3 OCTOBER 2018 About the Author

Non-fatal strangulation is a significant risk factor for a woman being killed

by her partner. Heather Douglas looks at recent efforts by Australian states
to take the behaviour more seriously.
Heather Douglas
Heather Douglas is Professor of
Law and Australian Research
Women who have experienced domestic violence commonly report non-fatal
Council Future Fellow at the
strangulation, sometimes referred to as choking. One US study found that up to T.C. Beirne School of Law, The
three-quarters of women in domestic violence shelters reported non-fatal University of Queensland.

strangulation from their previous partner. It’s a gendered crime – most victims are
women and most perpetrators are men.
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Perhaps because there are often no obvious or immediate injuries associated
with non-fatal strangulation, this type of violence is often minimised, missed and
misidentified by victims, police, health workers and other service providers. A disarming
lesson from the
Pacific
This is concerning because the act is both extremely dangerous and a risk factor
for future serious harm and death.
PHILIP ALPERS

Whether carried out by bare hands squeezing or pushing on the neck, or by using
a ligature, non-fatal strangulation is highly dangerous. Victims who have survived Towards a new
a strangulation incident report all sorts of clinical symptoms, including a sore Australian
security
throat; changes to vision, vocal chords, hearing and breathing; loss of sensation;
RORY MEDCALF

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4/2/2019 A red flag for homicide - Policy Forum

memory loss; anxiety; loss of consciousness; and paralysis. Some women have Log In
had a pregnancy miscarriage after strangulation. Integration
Browse Topics Podcasts Resources Events Subscribe Contribute disintegration
Even where there are no visible injuries, some victims have died several weeks or Search
months after the attack, as a result of blood clots, stroke and brain damage JESSICA KINSELLA

caused by lack of oxygen during the strangulation. Strangulation can cause

unconsciousness within seconds and death within minutes.
Policy Forum’s
top ten posts of
Strangulation in the context of domestic violence is also a More on this: 2018
risk factor for future serious harm and death. US studies
show that in close to 50 per cent of deaths involving TERRY WAITE

intimate partner violence, women had experienced non-

fatal strangulation at least once before they were killed.
Consumers must
Similarly, in Australia, domestic violence death reviews join business . . .
Podcast:
have often identified that the homicide was preceded by ‘modern slavery’
Tackling
an incident of non-fatal strangulation. As American
violence
strangulation educator Gael Strack says, “strangulation is JOLYON FORD
against women
the last warning shot”.
Religious
In response to this evidence, Queensland introduced a non-fatal strangulation freedom, the . . .
offence in 2016. One of the elements of the offence is that the victim and the Commission
offender must be in a domestic relationship. The penalty is a maximum of seven
ALEX DEAGON
years imprisonment.

Since the non-fatal strangulation offence was introduced, over 1000 people have
been charged with it. The offence has significantly raised the profile of the
dangers of strangulation, with Queensland judges now highlighting these dangers
in their judgments.

In a recent case, the offender visited his ex-partner’s home. He assaulted her and
then placed her in a ‘choke hold’ from behind with his arm and squeezed hard
enough that she could not breathe or move. She was terrified and lost
consciousness. The offender was charged with the strangulation offence and
sentenced to a period of imprisonment.

Until Queensland introduced this offence, the state’s criminal law was ill-equipped
to properly recognise and criminalise this dangerous behaviour.

While acts of non-fatal strangulation might be charged under traditional offences

across Australia, there are significant issues with this. For a start, it’s difficult to
prove the intent to kill or cause serious harm associated with a charge of
attempted murder. For more serious assault and grievous bodily harm charges, it
can be hard to prove the level of injury needed because often there is no visible
sign of injury.

More on this: Assault seems too minor to capture the high level of
danger associated with non-fatal strangulation. While
many states treat strangulation to facilitate a serious
crime as a specific type of offence, this offence doesn’t
cover situations where strangulation is an offence by
itself.
The
conversation
South Australia has begun drafting a new strangulation
law and NSW has committed to introducing changes to its
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4/2/2019 A red flag for homicide - Policy Forum

we need to strangulation law in 2018. In Victoria, non-fatal Log In

have strangulation is shaping up to be an election issue, with
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the opposition leader promising to introduce the offence to
criminal law if he is elected in November. Search

Some have questioned whether the introduction of a new offence makes victims
safer. While most states in America introduced specific offences for non-fatal
strangulation years ago, so far there has been no evaluation of their value in
increasing victim safety.

It is clear, however, that in Queensland the offence has created greater

awareness of the direct harms that can result from non-fatal strangulation as well
as greater knowledge that the act is a red flag for a high risk of serious harm and
death in the future. Courts now use non-fatal strangulation as a key factor when
considering whether it is necessary to arrest a defendant or safe to grant him bail.
A charge of strangulation puts victims and services on notice that a victim needs
safe housing and a health check to make sure she is okay.

However, while recognition of strangulation is important, it is not the only cause of

serious harm nor the only risk factor for future injury in the context of domestic
violence. The safety of anyone reporting domestic violence always needs careful
attention.

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