Creation of a separate crime of non-fatal strangulation

In its report Strangulation: The case for a new offence (R138), the Law Commission makes seven recommendations to improve the way that the criminal justice system responds to strangulation in family violence circumstances.  In particular, it recommends that a specific offence of strangulation should be enacted.

Strangulation is a common and particularly harmful form of family violence.  A victim of family violence who is strangled has a much greater risk of a future fatal attack by the perpetrator than a victim who was not strangled.

The Law Commission found that the risks following strangulation are not well understood by police, judges and others who assist victims of family violence.  This puts the victims at risk of further violence, including a fatal attack.

In at least half of all cases, strangulation does not result in an obvious external injury, even though the victim may have suffered internal injuries or serious mental harm. The lack of obvious external injuries makes it difficult to lay serious charges against the perpetrator.  The Law Commission found that in these cases, the abusers are often charged with a low level offence.  This means that the perpetrators of strangulation are often getting a much lower sentence than they deserve.

The Law Commission recommended that a new offence of strangulation should be enacted.  That offence should require proof of strangulation, but not proof of injury.  It should carry a maximum term of imprisonment of seven years imprisonment.

CORRECTION

The Law Commission acknowledges the valuable contribution that former High Court Judge Ronald Young made to this review as a member of the expert advisory group. His name was in error omitted from the Acknowledgements in the Report. We apologise for the error, which is ours.