The Offence of Non-Fatal Strangulation

According to a report from Violence Against Women and Girls in 2022, one woman is killed by strangulation every two weeks. Such statistics highlighted the need for separate offences to be created and in June 2022 amendments were made to the Domestic Abuse Act 2021 to do so.

The new offence of Non-Fatal Strangulation came into force on 7^th June 2022 under Section 70 of the Domestic Abuse Act 2021 (Section75A(1)(a)) along with the offence Non-Fatal Suffocation (section75A(1)(b)).

Under the new legislation, a person commits the offence of Non-Fatal Strangulation if they:

1. Intentionally strangle another person, or
2. Does any other act to that person that;
   1. Affects their ability to breathe
   2. Constitutes as battery of that person.

The current legislation mentioned above does not provide a definition of its own and, therefore, we can refer to Stocker v Stocker [2019] UKSC 17. This case defined the word ‘strangle’ as a force to the neck, ‘which did not involve killing.’

The Centre for Women’s Justice (CWJ) welcomed the new legislation. According to the CWJ, survivors of domestic abuse instructed that their abusers have often used methods of strangulation or suffocation as a tool to instil ‘fear, power and control.’ Notwithstanding this, the CWJ stated that strangulation and asphyxiation were the second most common methods of killing in female homicides in 2020, accounting for 29%. It is also further reported that over 200,000 strangulations a year are reported to women’s charities.

One on the first people to be jailed for the offence of Non-fatal Strangulation was Benjamin Flatters. Flatters received a 34 month prison sentence in August 2022 at Lincoln Crown Court. Flatters put his hands on his then, girlfriends’ throat and ‘pushed his face onto hers.’

Detective Inspector Richard Nethercott said that this ‘was a form of abuse … where a perpetrator will use it to intimidate and control their victim.’ The Detective Inspector went on to say that, ‘the new legislation is an important step forwards in tackling violence against women and girls.’

Further to the new legislation, ending domestic abuse is a movement that is ever continuing.  There is a national online media campaign called 16 Days of Action. This media campaign, running from 25^th November to 10^th December gives more insight to the different organisations and campaigns that offer support to victims of domestic abuse and platforms that fight to raise awareness.

We can help

For legal advice and support contact our 24/7 Domestic Abuse helpline. Call or message 07739 748 675 for further help and support.