The Offence of Strangulation - what is it?

When relatively new legislation has been brought into law it typically takes a period of time for some members the public to be aware of it's existence and even longer for such offences to be tested in court as to it's effectiveness.

I suspect that this applies to new codes such as the offence related to non-fatal strangulation and suffocation. In my experience, the members of the public who need to be most cognisant of the legislation (potential future injured parties) are often the least aware of it’s existence.

I therefore feel that any opportunity to familiarise ourselves with this new offence must present as a positive move.The Domestic Abuse Act 2021 amended by the Serious Crime Act 2015, introduced 2 new sections — section 75A and 75B— which created the specific criminal offence of non-fatal strangulation and non fatal suffocation. Schedule 2, paragraph 4 introduced the racially or religiously aggravated form of these offences.

The offence applies to any case where a person intentionally strangles or suffocates another person, including in cases of domestic abuse. The legislation states that abusers who strangle their partners in an attempt to control or induce fear will face up to 5 years behind bars.

A study by the Institute for Addressing Strangulation in 2023 identified shocking statistics that women make up three quarters of the people killed by being strangled in England and Wales.

The research highlighted that there were 342 strangulation homicides from 2011 to 2021 and 75 per cent of these victims were female. Furthermore, the data uncovered that female victims of strangulation homicide were most likely to be aged between 25 and 34. Women victims of strangulation homicide who were older than 16 were 54 times more likely to have been killed by an ex-partner or partner than a male victim of strangulation homicide. In 96 per cent of cases of domestic strangulation homicides where the victim was older than 16, the suspect was male. The research also showed that the location where women were most likely to be strangled or suffocated to death was at home, with 86 per cent of strangulation homicides and 74 per cent of suffocation deaths respectively. 

Personally, I have been very interested in this legislation since it’s draft as a Bill in 2019. Previously, within my career at CPS, I have prosecuted many examples of coercive and controlling violent behaviour between two people in an intimate relationship where grabbing around the throat/attempts to strangle have been a factor. Overwhelmingly, in my experience, the perpetrator was typically male and the complainant a woman. Rather than a one-off violent offence, this act tended to be part of a sequence or culmination of insidious, violently aggressive behaviour, often over many past episodes.

It was always apparent to me, however, that some women complainants had been fortunate that they had not been killed or badly injured by the perpetrator in these violent assaults. I use the term “fortunate” for complainants only in the context they escaped death, but I am all too conscious that in many situations, women cite they are far from “lucky” to be in that relationship. Ironically for such a hugely violent act, research indicated that perpetrators were avoiding punishment as the act of strangulation can often leave no visible injury, making it harder to prosecute under existing offences such as Actual Bodily Harm (ABH).

Studies have shown that victims are seven times more likely to be murdered by their partner if there had been non-fatal strangulation beforehand. The damage to relatively delicate structure of the hyoid and other bones in the neck coupled with lack of oxygen to the brain can quickly lead to death in strangulation cases. Coupled often with aspects of partner rage and impairment through drink or drugs it is easy to see how such assaults can quickly become life threatening or even fatal. Clearly, this legislation must sit amongst a toolbox of options for key agencies charged with supporting complainants/survivors of domestic violence.

A key document to support agencies in this regard is the Domestic Violence Statutory Guidance document from the Home Office (2021). In my view this is an essential piece to ensure a better collaborative, multi-agency, complainant focus on addressing domestic violence. An ongoing campaign of awareness of intervention opportunities is therefore vital to support key agencies such as the police, courts and social services. Any opportunity to also provide intervention and awareness to perpetrators of domestic violence must also be a priority as abusers need to fully cognisant of the potential consequences of their violent behaviour.

I would advise that any court sentencing for domestic violence should include mandatory provision for abusers to attend a behaviour programme that includes information regarding the consequences of strangulation and suffocation would be of value. I therefore feel that this legislation can be a very important tool to help thwart those abusers in controlling and coercive relationships and prevent the possibility of serious or even fatal consequences due to inter-relationship violence. This legislation, must not, however, sit alone and moreover, be part of a full package of options and awareness to drive home the message that domestic violence must not be tolerated in England and Wales.

National Domestic Abuse Helpline: 24/7 service: 0808 2000 247.

Refuge: provides specialist services to survivors of domestic abuse. Women's Aid: domestic abuse support for women and children. Men's Advice Line: domestic abuse support helpline for men: 0808 8010327

Wendy Brook-Evans (Eyes on Crime Contributor)