Campaign Launched to Class Non-Fatal Strangulation as Distinct Offence

A petition has been initiated by the mother of a student who died by suicide following abuse from her boyfriend, advocating for non-fatal strangulation (NFS) to be established as a distinct criminal offence. Emily, daughter of Fiona Drouet, was 18 when she ended her life a few days after experiencing choking and slapping by her former boyfriend. In Scotland, non-fatal strangulation is presently categorized as assault. Ms. Drouet stated that this classification fails to adequately acknowledge the physical and psychological repercussions it can inflict. Legislation specifically addressing non-fatal strangulation has already been implemented in England, Wales, and Northern Ireland. Emily, a student at the University of Aberdeen, passed away on 17 March 2016, having endured physical and psychological abuse from Angus Milligan. Milligan subsequently confessed to choking and slapping her within halls of residence. Emily, who was studying law, was discovered deceased some days afterward. In 2017, Milligan admitted guilt to charges of assault and threatening behaviour, receiving a sentence of 180 hours of community service. Following Emily’s death, her mother established EmilyTest, a charitable organization dedicated to combating gender-based violence within educational settings. Fiona Drouet is currently advocating for non-fatal strangulation to be acknowledged as an independent offence, asserting that existing legal frameworks are insufficient. During an interview on BBC Radio Scotland’s Drivetime programme, she stated: “With NFS we know you are eight times more likely to be murdered by the person that has strangled you.” She continued: “We can’t ignore that, we can’t treat that like common assault because it’s far more complicated, far more complex and far more dangerous than that.” Ms. Drouet added: “It is really difficult thinking about your daughter being strangled to the point that she thought she was going to die and we absolutely think that impacted her decision to take her own life.” She further explained: “We know that there is psychological damage, there’s physical damage it might be short or long term but that damage is very real.” Ms. Drouet indicated that the lasting effects of non-fatal strangulation are “never ending,” potentially elevating the risk of strokes and Alzheimer’s. She also mentioned it could heighten suicidal thoughts and result in incontinence. She asserted: “We need to look at it when it is used as a form of abuse that is usually to silence the victim survivor.” She elaborated: “The perpetrator is saying ‘your life is in my hands’ and that is a very scary place for someone to be.” Scotland remains the sole UK nation without dedicated legislation for non-fatal strangulation, contrasting with England and Wales, which criminalized it in 2022, and Northern Ireland, which followed suit in 2023. Data from the ONS reveals that in 2023, strangulation ranked as the second most frequent method in the murders of women across England and Wales. For Scotland, the period 2022/23 saw nine female victims of strangulation, positioning it as the joint third most prevalent method. A representative for the Scottish government confirmed their awareness of Ms. Drouet’s petition and the potential effects of non-fatal strangulation on those who experience it. The spokesperson stated: “Conduct amounting to non-fatal strangulation is a criminal offence in Scotland under the common law of assault. This offence carries maximum penalties up to life imprisonment.” Fiona McMullen, representing the domestic abuse advocacy service Assist, conveyed to BBC Radio’s Good Morning Scotland programme that the charge of assault does not adequately convey the seriousness of this particular crime. She remarked: “Struggling to breathe is absolutely terrifying, not being able to breathe and in a generalised context we can all resonate with that, we think about choking on a piece of food, a panic attack, experiencing asthma but when we think about strangulations in a domestic abuse context it’s something quite different.” McMullen elaborated: “Assault, punching kicking, biting, spitting. These are all horrific abuses to experience but restricting the ability to breathe, applying pressure with the power to take you to the brink of death is something quite different.” She concluded: “It’s not always about an intent to kill, although we absolutely recognise that it features in domestic homicide, but it is very much about the intent to control.” Ms. McMullen further noted that strangulation frequently leaves no visible injuries on the victim, yet its psychological repercussions are “significant.”