Changes to Abuse Law for Non-Fatal Strangulation and Suffocation Offences

Abusers who use strangulation or suffocation as a form of intimidation or control could now face up to five years in prison under new non-fatal strangulation and suffocation charges that came into force on the 7^th June 2022.

This will form part of new landmark domestic abuse legislation under the Domestic Abuse Act 2021, making strangulation and suffocation specific criminal offences.

The Domestic Abuse Commissioner, Nicole Jacobs has said this new legislation “marks a significant step forward” in the way people suffering domestic abuse are protected and how perpetrators are punished.

In this article, we’ve explored the importance of this legislation as well as how it will need to be enforced in order to be effective.

Read on to find out more about the legislation, or get in touch with our expert Abuse Solicitors for advice and support that is appropriate to your situation.  

Why is This Legislation so Important?

The Domestic Abuse Act 2021 has amended the Serious Crime Act 2015 to introduce two new sections: section 75A and 75B. These both create criminal offences relating to strangulation and suffocation, which is a welcome move in the world of sentencing – as studies show that victims are 7 times more likely to be murdered by their partner if there had been non-fatal strangulation beforehand.

Before this legislation, the Government had said that there was no need for strangulation and suffocation to be recognised as specific offences. This is because they believed it was already covered by existing legislation.

But as campaigners have pointed out, when abusers are charged with “umbrella” offences like common assault, they will often get away with less than six months in jail. This is made more likely by the fact that evidence of strangulation and suffocation is usually difficult to see.

The Lead for Domestic Abuse Prosecutions at the Crown Prosecution Service (CPS), Kate Brown, has said that “because this type of offending may leave no physical mark, the serious nature of it has not always been appreciated.”

These new specific offences will give prosecutors and investigators the power to bring punishments that are in line with the type and severity of abusers’ crimes. This could be vital in breaking cycles of abuse and protecting people from repeated offences.

Non-fatal strangulation has often been seen as a red flag for escalating violence in a relationship, and the NHS revealed that it will almost always result in further abuse. It is reported by ITV that there are more than 200 people who have been charged with non-fatal strangulation offences in the first year of this new law coming into effect, meaning that it is already making a change.

In this first year, over 1,110 people were arrested over non-fatal strangulation offences in Nottinghamshire, and Detective Inspector, Dan Evans said of the matter;

“In the 12 months since we have had some really great results as a result, including a man jailed for 21 months for grabbing a woman by the throat, and another jailed for 18 months for a similar offence.

“Even in cases where we don’t have sufficient evidence to bring a charge, the act of arresting and interviewing a suspect on suspicion of this offence gives us plenty of additional options to help protect victims from harm”