The Criminalisation of a Dangerous Form of Coercive Control: Non-Fatal Strangulation in England and Wales and Australia

Abstract

Strangulation, including asphyxiation, grabbing another by the neck and choking, is a significant feature of coercion and control, assault, rape and the killing of women. While it is a form of violence perpetrated against adults and children regardless of the relationship of the victim with the perpetrator, it is common in relationships where there is intimate partner violence. Recently, the risks associated with non-fatal strangulation and its association with coercive and controlling behaviour have begun to be researched. This article contributes to the understanding of this form of violence and the role of the criminal law in responding to it. It examines research on the nature and prevalence of this form of violence and presents a comparative analysis of the criminal justice response in England and Wales and Australia. The article considers what can be learnt from the criminalisation of non-fatal strangulation and recommends significant reform to the criminal justice response to this form of violence in the United Kingdom and in Australia.