Today, 16 June 2020, the Parliamentary Committee examining the Domestic Abuse Bill will be debating a new offence of “non-fatal strangulation”.
This is an important amendment to the Bill that has cross-party support that has been put down by Harriet Harman (Labour) and Mark Garnier (Conservative), amendments NC8 and NC9. The new offence will be presented to the Committee by Jess Phillips MP. Sixty-three MPs from both sides of the House had already signed up to support it by 5 June.
The Centre for Women’s Justice (CWJ) has been calling for the new offence to be included in the Domestic Abuse Bill, with support from the Domestic Abuse Commissioner, the Victim’s Commissioner and women’s domestic abuse services all around the country.
Non-fatal strangulation is a known high-risk indicator in domestic abuse cases leading to homicide, yet it is often only charged as common assault, if at all, when reported to the police. Strangulation is a gendered crime (by men towards women) and is the second most common method by which men kill women.
Why do we need a new law?
Strangulation is often charged as ‘common assault’ which makes it equivalent to a slap or a blow that leaves a bruise. CPS guidance that strangulation should be treated as ABH is frequently ignored. Many cases are closed because a six-month time limit for common assault has passed.
Non-fatal strangulation leaves little or no marks on the body and is therefore minimised by police and prosecutors. In fact, it is extremely dangerous, in 29% of women killed by men the method used is strangulation or asphyxiation. It is very painful and the inability to breathe is intensely frightening. Loss of consciousness can occur in 10 to 15 seconds and lack of oxygen to the brain can result in mild brain damage. Numerous longer-term effects include fractured trachea/larynx, internal bleeding, dizziness, nausea, tinnitus, ear bleeding, neurological injuries such as facial and eyelid droop, loss of memory and even stroke several months later due to blood clots.
Cathy McIntosh, sister of Anne-Marie Nield, who was murdered by her partner, said:
“Anne-Marie had been strangled in the past by her partner, but the police didn’t recognise that meant that she was more likely to be killed by him”.
Nogah Ofer, solicitor at Centre for Women’s Justice said:
“Non-fatal strangulation is a gendered crime. It is a well-known risk factor for serious domestic violence and homicide. It is also frequently used as a tool to exert power and control, and to instil fear. It sends the message that ‘if you do not comply, this is how easily I can kill you’.”
Harriet Wistrich, director of Centre for Women’s Justice said:
“Offenders are getting away with little or no punishment for this terrifying and dangerous offence. Police and prosecutors are not taking this offending sufficiently seriously. A simple amendment to the Domestic Abuse Bill, making non-fatal strangulation a specific serious offence could provide a remedy and help reduce femicide”.
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