Proving non-fatal strangulation in family violence cases: A case study on the criminalisation of family violence

Abstract

Non-fatal strangulation is recognised as a common form of coercive control in violent relationships. Overwhelmingly it is perpetrated by men against women. It is dangerous both because of the immediate and serious injuries it can cause, and the risk of future violence associated with it. A discrete offence of non-fatal strangulation has been introduced in many countries. Queensland, Australia introduced a discrete non-fatal strangulation offence in 2016. While the offence is charged often, around half the non-fatal strangulation charges laid by police do not proceed. We spoke to prosecution and defence lawyers to better understand the evidential obstacles to successful prosecution. We found that the prosecution of the offence faces challenges common to family violence offences more broadly, despite it being a discrete physical act. Specifically, we found that the willingness of the victim to testify and the perception of the victim's credibility were key to successful prosecution. <br><br>The successful prosecution of non-fatal strangulation (NFS) cases faces challenges similar to those in broader domestic violence cases, particularly due to reliance on victim testimony and credibility issues. While improved medical evidence could assist, it may not be sufficient without the complainant's testimony. The study suggests practical ways to enhance victim retention and credibility, including trauma-informed approaches and potential policy changes. The paper also discusses the potential benefits of intermediary schemes to support vulnerable witnesses and explores alternatives to criminal justice responses, such as civil justice mechanisms and a focus on health, poverty, and human rights.