First Minister Considers Proposal for Standalone Non-Fatal Strangulation Offence

First Minister John Swinney has indicated he is evaluating proposals to establish non-fatal strangulation (NFS) as a distinct criminal offense. This push for legislative reform stems from a petition initiated by the mother of an Aberdeen University student, who died by suicide following an incident where she was choked by her abusive boyfriend. While Mr. Swinney characterized NFS as an “abhorrent act,” he noted that it currently incurs “very serious penalties” under the existing common law of assault. His SNP colleague, Michelle Thomson, pressed him to review the petition, asserting that “the common law route is not working.” Scotland remains the sole UK nation without specific legislation targeting non-fatal strangulation, unlike England and Wales, which criminalized it in 2022, and Northern Ireland, which followed suit in 2023. During First Minister’s Questions, Thomson highlighted NFS as a “known, serious and growing” issue. She informed MSPs that “Each year that passes sees more violence, strokes and deaths,” adding, “We cannot treat [NFS] like common assault because it’s far more complicated, far more complex and far more dangerous.” Thomson declared that “doing nothing more is not an option.” She advocated for enhanced data collection regarding NFS, the implementation of an awareness program, and the establishment of a more defined prosecution pathway. Swinney acknowledged the profound physical and psychological consequences NFS inflicts upon victims and their relatives. He confirmed having met with Fiona Drouet to discuss her petition. Ms. Drouet’s daughter, Emily, was 18 years old when she died by suicide a few days after being choked and slapped by her former boyfriend. The First Minister informed MSPs that actions constituting NFS are already criminalized under the common law of assault, which carries a potential maximum sentence of life imprisonment. He stated that the government “constantly” reviews this legislation. “If there was to be a standalone offence put in place we would need to be confident there is a gap in the law and we will be giving this proposal serious consideration,” he conveyed to parliament. Swinney emphasized that he did not wish to imply that current laws offer anything less than “very serious penalties” for NFS. He additionally pledged to “lead from the front” in a public awareness campaign aimed at encouraging improved behavior among boys and men. Thomson has put forward an amendment to the Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews Bill, currently at stage one of its three-stage parliamentary process, to incorporate clauses addressing strangulation. Conservative MSP Tess White referred to remarks made by Professor Cath White, medical director of the Institute for Addressing Strangulation (IFAS). Professor White stated that an individual can lose consciousness after six to eight seconds of NFS. She further informed MSPs at a recent event that after 15 seconds, bladder incontinence can occur, followed by bowel incontinence after 30 seconds. Professor White also noted that brain death can set in within four minutes. Data from the ONS in 2023 indicates that strangulation was the second most frequent method used in the murder of women in England and Wales. In Scotland, nine female victims of strangulation were recorded in 2022/23, positioning it as the joint third most common method. A recent UK-wide survey conducted by the IFAS among individuals aged 16 to 34 revealed that over one-third (35%) of participants reported experiencing strangulation or choking at least once during consensual sexual activity. Simon Brown, president of the Scottish Solicitors Bar Association, contended that despite the seriousness of NFS and the need for its criminalization, a distinct offense for it is not necessary. He stated on BBC Radio Scotland’s Drivetime: “In practice it would be viewed almost identically to how assault is viewed just now. The standard of proof would probably be much the same.” He added, “I can’t see how you would word a statute to make it easier to prove a crime, the difficulties would be the same.” Copyright 2024 BBC. All rights reserved. The BBC disclaims responsibility for the content found on external websites. Information regarding their external linking policy is available.