Non-fatal strangulation could land perpetrators 14 years in prison under new legislation

Previously, if someone had been strangled in what was believed to be a sexually motivated attack, for example, the investigating officer would have to show that the perpetrator intended to commit sexual assault before they could pursue prosecution.

The change means that if a person does anything that could restrict someone’s breathing in any way they should be prepared to face a sentence of up to 14 years’ imprisonment.

Non-fatal strangulation includes any part of the body or another object such as a ligature like a scarf or belt, chokeholds or headlocks, hanging, drowning or smothering. Strangulation and suffocation can also at times, police noted, leave no visible injury, making it even more difficult to prosecute. This new legislation will take into consideration the emotional impact, trauma and fear that the victim experiences.

Senior police have described this as a “step forward in helping officers tackle the magnitude of the threat.”

Over the last 10 years, January 2013 to December 2022, there were nearly 164,000 domestic abuse offences recorded by the PSNI This includes those who reported having been strangled by their abuser.

Detective Superintendent Lindsay Fisher said: “On average, between 10-12% of reporting domestic abuse victims have experienced non-fatal strangulation, placing them at the highest risk. In fact, studies have shown that in domestic abuse settings, victims are eight times more likely to be murdered by their partner if they have previously strangled them.

“Non-fatal strangulation, can very quickly turn fatal. This change in legislation is very much welcomed by the Police Service of Northern Ireland as a stronger tool in the armoury that we use to support victims and save lives.”

Over the last 10 years, January 2013 to December 2022, seven people (six women and one man) in Northern Ireland were strangled to death.

Found Guilty

One victim of non-fatal strangulation outlined her horrific experience – the perpetrator was found guilty and sentenced earlier this year - and welcomed the strengthening of legislation.

Speaking anonymously, the woman said: “I was strangled to the point where I blacked out, lost control of my bladder and bowels and honestly felt I was going to die. My face was covered in petechiae from reflecting the immense pressure with which I was strangled, and I was swollen and puffy and also black and blue from bruises and bites.

“While I was being strangled (and afterwards), all I could think about was my children finding my dead body. The very real possibility of this situation being reality is something I think about every day. This has had a long lasting impact on not just me, but my entire family.

“When I contacted the police I felt respected, heard. My instinct that night was like fight or flight – I wanted to survive. Strangulation could end someone’s life. I’m pleased that the punishment now fits the crime in these cases. This legislation takes into consideration the total paralysing fear a victim will experience and how close they have come to death. Strangulation is a demonstration of control, not a loss of it.”

The PSNI has already trained 1,560 officers in using this new legislation and will be working in partnership with the Public Prosecution Service to train prosecuting judges and legal teams across Northern Ireland to better understand the severity of non-fatal strangulation.

Detective Superintendent Fisher went on to say: “It is common for strangulation to leave no visible signs of injury and consequences can be delayed by days or weeks. These include stroke, cardiac arrest, miscarriage, incontinence, seizures, memory loss and long-term brain injury.

Jugular Vein

“Consciousness can be lost after as little as four seconds. Blocking the jugular vein can take less pressure than opening a can of coke. Loss of consciousness indicates at the very least, a mild brain injury and many victims lose control of their bladder and bowels.

“Often strangulation is glorified as a gratifying act for both parties in pornography and young people in particular are susceptible to thinking this could be a fun, ‘consensual’ act to spice things up. However, the reality is far from the case. Consent to rough sex is no longer a defence. We will be working with partners over the next year to raise awareness and make this clear to potential perpetrators.”

The PSNI has explained this new legislation and the dangers of non-fatal strangulation on its website: www.psni.police.uk/non-fatal-strangulation

Women’s Aid has also welcomed the introduction of new legislation.

Sarah Mason, CEO, Women’s Aid Federation NI, said: “Non-fatal strangulation is the ultimate act of control by a perpetrator to exert power and to instil fear. It a lethal form of assault very common within cases of domestic abuse, therefore making it very gendered in nature with the majority of victims of this crime being women.

"Women’s Aid are glad to see this much needed change to legislation in NI. It is important that all organisations not just those within the criminal justice sector understand the high risk indicators there are for non-fatal strangulation survivors and the link there is to domestic homicide.

"This offence will require a multi-agency response to address the severity of the crime and understand the links between strangulation, domestic abuse and homicide.”

If you have been the victim of non-fatal strangulation - report to the police via 101 or call 999 in an emergency.