New offence of non-fatal strangulation will give ‘more charging powers to protect victims’ of domestic abuse

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 on Tuesday 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 non-fatal strangulation does not always leave visible signs of injury.

In a Facebook post, the DA Support Team said: ‘We are so pleased this has been recognised as an offence in itself.

‘Abusers who strangle their partners in an attempt to control or induce fear will face up to five years behind bars.’

APCC Victims Leads, Donna Jones and Sophie Linden, released a statement in response to the announcement.

It said: ‘This is a serious offence used to terrify, control and manipulate victims of domestic abuse and it is right that perpetrators will now be punished accordingly.

‘We hope that victims of this hideous assault will now have greater confidence to come forward and get the support and justice they deserve.

‘PCCs and deputy mayors will continue to hold their chief constables to account and work with partner organisations to make sure victims voices are heard and they remain at the heart of the criminal justice system.’

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.

‘Our prosecutors are determined to see justice done in every possible case, and where there is sufficient evidence and our legal test is met, we won’t hesitate to prosecute.

‘We are developing training for prosecutors to ensure the offences are properly identified from the outset.’

It comes as more rape victims will be able to apply to courts to pre-record video evidence before their case reaches trials.

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From Thursday, 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 Hampshire-based 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 in the future.’

Those facing domestic abuse can find support by contacting charity Aurora New Dawn on 02394 216 816