Abusers face up to five years in jail with new non-fatal strangulation offence

The offence, created as part of landmark domestic abuse legislation, applies to perpetrators who strangle or intentionally affect their victim’s ability to breathe in an attempt to control or intimidate them.

It came into force on Tuesday (June 7) in England and Wales and will also apply to British nationals who are overseas, the Ministry of Justice said.

The move follows concerns that abusers were avoiding punishment as non-fatal strangulation does not always leave visible signs of injury.

The Domestic Abuse Commissioner welcomed the introduction of the offence, but said she is worried that it will not be used as widely as it should be without a more coordinated approach from the Government.

Without clear training and guidance, police officers, frontline workers and others may be unaware of the new offence, Nicole Jacobs said, meaning it could be under-charged as “common assault”, or not investigated or prosecuted at all.

She said the new offence “marks a significant step forward to protect domestic abuse victims” and it is vital that it is used to hold perpetrators to account.

But she said: “This will only happen if there is proper training for police and other agencies, so they are able to recognise the signs to look out for and then get the forensic evidence needed to prosecute.

“These could bloodshot eyes, or bleeding in the ear or jaw pain or a swollen tongue instead of marks around the neck.”

Prosecutors and investigators are also being asked to focus on the behaviour of the defendant by taking what has been described as an ‘offender-centric’ approach.

This involves police looking closely at the actions of the suspect before, during and after the alleged offence, with prosecutors advising on additional reasonable lines of inquiry, such as digital evidence, CCTV footage and witness statements.

The legal guidance also sets out when non-fatal strangulation and non-fatal suffocation can occur in rape or serious sexual offences, by clarifying the ‘rough sex’ defence, which makes clear victims cannot consent to the infliction of serious harm or death.

Kate Brown, lead for domestic abuse prosecutions at the Crown Prosecution Service, said: “Sadly, because this type of offending may leave no physical mark the serious nature of it has not always been appreciated.

“We understand the devastating life-long effects domestic abuse can have on victims.

“The welcomed new legislation will mean prosecutors and investigators have more charging powers to protect victims and their families from all-too-often repeat offending.

“Our prosecutors are determined to see justice done in every possible case, and where there is sufficient evidence and our legal test is met, we won’t hesitate to prosecute.

“We are developing training for prosecutors to ensure the offences are properly identified from the outset.”

It comes as more rape victims will be able to apply to courts to pre-record video evidence before their case reaches trials.

From Thursday, special measures schemes for victims of crimes such as rape and modern slavery will be extended to 11 more Crown Courts across the Midlands and the South West.

Victims will be able to pre-record their evidence, as close to the time of the offence as possible, and will be spared the trauma of giving evidence at trial and facing cross-examination.

The scheme has already been successfully introduced in 26 Crown Courts and the Government is committed to rolling it out nationwide by September.

Minister for tackling violence against women and girls, Victoria Atkins, said: “This Government is determined to tackle abuse in its many forms, make our streets safer and better protect women and girls which is why perpetrators who strangle their partners in this way will now face up to five years behind bars for the torment they have inflicted.

“We’re also rolling pre-recorded cross-examination for victims of rape to more Crown Courts, helping to minimise stress to ensure they can provide the best possible evidence.

“These measures are part of our plan to ensure victims get the support and justice they deserve, alongside introducing a new victim’s law, launching a 24/7 rape helpline, recruiting more independent sexual violence advisers and improving collaboration between police and prosecutors.”

The Association of Police and Crime Commissioners joint victims leads, Donna Jones and Sophie Linden, said: “This is a serious offence used to terrify, control and manipulate victims of domestic abuse and it is right that perpetrators will now be punished accordingly.

“We hope that victims of this hideous assault will now have greater confidence to come forward and get the support and justice they deserve.

“PCCs and deputy mayors will continue to hold their chief constables to account and work with partner organisations to make sure victims voices are heard and they remain at the heart of the criminal justice system.”

Women’s Aid welcomed the introduction of the non-fatal strangulation offence. Chief executive Farah Nazeer said: “We are pleased that the Government has listened to survivors, campaigners and organisations working to end violence against women and has made non-fatal strangulation a criminal offence.

“We know that strangulation is a highly dangerous and common feature of countless domestic abuse cases. It is used as a tool to exert power and control and instil fear, and also indicates that the survivor is at high risk of serious injury or homicide, and should therefore be treated with extreme seriousness.

“We echo the Domestic Abuse Commissioner’s calls for a dedicated government strategy to ensure this change in law is effectively implemented. This is a step in the right direction, but this law must be implemented fully to truly protect and support survivors at risk.”

Steve Witheyman, service manager at Sexual Trauma and Abuse Restorative Therapies (Start) in Hampshire, said: “The value of pre-recorded evidence for victims and survivors of sexual trauma is massive as it offers protection from a real and often damaging re-traumatisation and rerun of past events and unwanted experiences.

“It is a huge leap forward in the criminal justice system and a significant mindset change where truly supporting a victim becomes a key component in the whole process and will undoubtedly encourage more victims to report sexual crime in the future.”

However, Nogah Ofer, solicitor at the Centre for Women’s Justice, said: “Will the new offence be used by the police and prosecutors or will it just sit on the statute books like some of the other powers designed to tackle domestic abuse?

“Police and prosecutors must be educated to understand this unique form of assault, to bring it into the light of day and treat it with the seriousness it deserves.”