Prosecuting strangulation offences: Understanding complainant withdrawal using a social entrapment lens

Abstract

In many countries, the successful prosecution of domestic violence offences faces significant challenges due to complainant disengagement, particularly in cases with limited physical evidence such as strangulation. This paper builds on our understanding of complainant withdrawal in strangulation cases by examining five case files from Queensland, Australia, using a social entrapment lens. The study reveals that this approach improves the understanding of the factual context in which complainants withdraw their support for prosecution, potentially impacting prosecution practices and outcomes. The paper underscores the need for nuanced and individualised responses to support complainants effectively.<br><br> <ul> <li>Complainants withdraw from prosecution in up to 50% of strangulation cases.</li> <li>Strangulation complainants often face severe threats and coercive control, influencing their decision to withdraw.</li> <li>A social entrapment lens can deepen the understanding of the broader context affecting complainant withdrawal, leading to better prosecution practices.</li> <li>Legal responses need to consider complainants' realistic safety options and structural inequalities affecting their engagement with the criminal justice system.</li> </ul>