Non-fatal strangulation law a ‘huge leap forward’
LANDMARK domestic abuse legislation has come into force, meaning abusers will now face up to five years behind bars.
The offence of non-fatal strangulation 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 yesterday 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 nonfatal 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, front-line 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 [be] bloodshot eyes, or bleeding in the ear or jaw pain or a swollen tongue instead of marks around the neck.’
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.’
It comes as more rape victims will be able to apply to courts to pre-record video evidence before their case reaches trials.
From tomorrow, 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.
Steve Witheyman is service manager at Hampshirebased Sexual Trauma and Abuse Restorative Therapies (Start). He 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.’