Non-Fatal Strangulation: A Growing Concern and Legislative Response
Cases involving non-fatal strangulation as part of an assault have long posed challenges when it comes to charging and sentencing. However, a recent development in the UK has addressed this issue. The Domestic Abuse Act 2021, which came into effect on June 7th, 2022, introduced section 75A of the Serious Crime Act 2015, creating a specific offense for non-fatal strangulation or suffocation. This legislative change reflects the increasing prevalence of this form of violence and the need for appropriate charges to be brought.
Previously, the severity of strangulation-related offenses was not adequately reflected in the charging and sentencing process. Despite being a significant risk factor for homicide and causing lasting injuries, cases often resulted in charges of the summary-only offense of battery, carrying a maximum sentence of six months. This discrepancy was highlighted by organizations like the Centre for Women’s Justice, who emphasized the alarming statistics indicating that strangulation and asphyxiation are the second most common methods of killing females in homicides. In contrast, similar situations involving male victims constituted only 3% of cases.
This disparity raised concerns about the justice system’s ability to address the seriousness of strangulation and suffocation cases appropriately. Even when victims suffered repeated incidents without visible injuries, the perpetrators could only be charged with battery, failing to reflect the high risk of lethal violence associated with these acts. Research conducted in the USA and Manchester, UK, supports the notion that strangulation is not merely an indicator of general violence but a clear sign of a heightened risk of lethal violence.
One of the challenges in handling non-fatal strangulation cases is the lack of visible evidence of injury. Although bruising or fingerprints may occasionally be present, such visible signs are not commonplace. Strangulation, defined as the obstruction or compression of blood vessels and/or airways in the neck, can result in asphyxia. Dr. Catherine White, a leading expert in this field, suggests looking out for specific terms such as being choked, grabbed, or pinned when taking statements from complainants to determine if a non-fatal strangulation charge is appropriate.
Understanding the impact of strangulation requires knowledge of the physiological implications. Our arteries in the neck and chest areas work against gravity to supply blood to the brain, while veins return blood from the brain to the rest of the body. Strangulation often restricts the veins, even momentarily, due to their shallower location compared to arteries. This compression results in blood being unable to leave the brain, leading to symptoms such as redness in the eyes and small pinprick-like dots known as petechial. In cases where both veins and arteries are compressed, blood flow to the brain ceases. In situations where death occurs without external physical injuries, a post-mortem examination is needed to confirm the cause as neck compression.
The introduction of the offense of non-fatal strangulation or suffocation through the Domestic Abuse Act 2021 represents a significant step forward in addressing the seriousness of these acts. By charging perpetrators appropriately, the legal system can better protect victims and prevent further harm. It is crucial for law enforcement and legal professionals to understand the gravity of non-fatal strangulation cases by recognizing the absence of visible injuries and distinguishing them from ordinary assault. With a growing body of research on the risk factors associated with strangulation, the justice system can make strides in ensuring justice and safety for victims.
