News about non-fatal strangulation
The Tasmanian Government is considering changing the law around strangulation which doesn’t kill (non-fatal strangulation). This is very important because non-fatal strangulation is a tactic of family violence, and it causes a range of devastating health impacts.
Strangulation and suffocation are the cause of death in 12% of cases where a woman is killed by her intimate partner.
Non-fatal strangulation (NFS) is now widely seen as a ‘red flag’ for increased risk of a woman being killed. Where NFS by an intimate partner occurs, women are at least seven times an increased risk of being killed by the partner or ex-partner.
The short term consequences of non-fatal strangulation
The physical health impacts of NFS can be both short and long term. Immediate signs of NFS can include
- neck and chin bruises and abrasions
- neck swelling
- bleeding into the skin or membranes of the face, eyes, eyelids, scalp and neck
- burst blood vessels in the eyes
- and signs of a lack of oxygen to the brain, such as agitation and memory loss
Victim-survivors describe neck pain, difficulty breathing, difficulty swallowing or speaking, loss of consciousness, incontinence, memory loss, visual changes and tinnitus after NFS has occurred. There are also a range of neurological and psychological impacts of NFS in family violence and sexual assault.
NFS is linked to acquired brain injuries, seizures, motor and speech disorders, and paralysis.
The longer-term impacts of non-fatal strangulation
Injuries arising from NFS may not be visible at all or may become apparent in the days and weeks following the assault. Even where there are no immediate visible injuries, some victims have died several weeks or months after the attack because of blood clots, stroke and brain damage caused by the strangulation.
The long-term psychological impacts include post-traumatic stress disorder, depression, anxiety, suicidal thoughts, and dissociation.
Victim/survivors of family violence tell us that the experience of non-fatal strangulation is terrifying. In family violence, NFS is used to show the victim that the perpetrator has the power of life or death over the victim. It rarely happens in isolation. Women who have experienced NFS report that NFS was one of many forms of violence done to them.
In family violence situations, NFS is part of a continuum of coercive and violent tactics that perpetrators use to control, punish, humiliate and intimidate their victims. The trauma of family violence can be profound. The mental health impacts of trauma are well established and include anxiety, depression, complex PTSD.
The proposed legal changes
At the moment anyone charged with strangling would be charged under the Criminal Code. Under that legislation strangling is one of many acts of violence which are punishable.
Making it a separate offence emphasises the significant danger of strangulation and its links to wider patterns of offending. It also
• Recognizes the voices of survivors of non-fatal strangulation and the advocacy of specialist family violence services
• Demonstrates to the community, the judiciary, and police the seriousness of non-fatal strangulation
• Increases awareness of NFS as a ‘red flag’ for future homicide or serious injury
• Codifies what is already recognised in sentencing guidelines and judicial rulings as a dangerous tactic of family violence.
WHT’s position
Women’s Health Tasmania supports the proposed change to the law. If you are interested to read more, go here to read our full submission.