Marie Brown welcomes enforcement of new law making non-fatal strangulation punishable by 14 years’ imprisonment

Non-fatal strangulation or asphyxiation has been made an offence under the Justice Sexual Offences and Trafficking Victims Act NI 2022.

Ms. Brown, Chief Executive Officer of the Foyle Family Justice Centre said strangulation is one of the most lethal forms of domestic violence.

“It is the most terrifying experience for victims, which has devastating psychological effects on them, in addition to a potentially fatal one. Victims who have been strangled are eight times more likely to be murdered by their perpetrator.

“We know from victims coming forward to us that it is a very prevalent practice, designed to silence and control.

“The fact that there aren’t usually any visible external injuries means that people, including victims themselves, do not understand the dangers of non-fatal strangulation,” she added.

The Foyle Family Justice Centre has been campaigning for the introduction of legislation since 2014, when FJC board members, solicitor Karen O’Leary, Judge Barney McElholm and Ms. Brown learned about the dangers of non-fatal strangulation at an Alliance for Hope conference in San Diego.

“We were really struck about the lack of awareness here on this issue and we have been working since to bring in legislation,” said Marie Brown.

“We hosted training in partnership with the Training Institute on Strangulation Prevention for professionals and members of the judiciary in 2019 and the issue was championed by Judge McElholm, in particular.

“We are grateful to him for his role in getting this legislation in place and ultimately saving lives,” she said.

Casey Gwinn, Co-Director of the Training Institute on Strangulation Prevention, told attendees: “The most dangerous domestic violence offenders strangle their victims. The most violent rapists strangle their victims. We used to think all abusers were equal. They are not.

"Our research has now made clear that, when a man puts his hands around a woman, he has just raised his hand and said, ‘I’m a killer.’ They are more likely to kill children, and to later kill their partners. So, when you hear ‘He choked me’, now we know you are the edge of a homicide.”

Before the introduction of the new legislation, investigating police officers would have to provide evidence of intent to commit an indictable offence.

For example, if someone had been strangled in what was believed to be a sexually motivated attack, the officer would have to show that the perpetrator intended to commit sexual assault before they could pursue prosecution.

The new legislation means that if you do anything that does or could restrict someone’s breathing in any way you should be prepared to face a prison sentence for this offence alone. Non-fatal strangulation includes; any part of your body or another object such as a ligature like a scarf or belt, chokeholds or headlocks, hanging, drowning or smothering.

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Detective Superintendent Lindsay Fisher said: “On average, between 10-12% of reporting domestic abuse victims have experienced non-fatal strangulation, placing them at the highest risk.

"In fact, studies have shown that in domestic abuse settings, victims are eight times more likely to be murdered by their partner if they have previously strangled them.

“Non-fatal strangulation, can very quickly turn fatal. This change in legislation is very much welcomed by the Police Service of Northern Ireland as a stronger tool in the armoury that we use to support victims and save lives.”

Over the last 10 years, January 2013 to December 2022, seven people (six women and one man) in the North were strangled to death. This is how quickly non-fatal strangulation can turn incredibly sinister and have fatal consequences.

Alice (not her real name) was married to her perpetrator. A few years into the marriage, the relationship took a turn and he became violent towards her, particularly of a sexual nature.

Alice was left covered in bruises and strangled into submission by him on a number of occasions.

In 2020, she reported to the Police and earlier this year her perpetrator was found guilty and sentenced. Alice has welcomed the strengthening of legislation saying: “I was strangled to the point where I blacked out, lost control of my bladder and bowels and honestly felt I was going to die.

"My face was covered in petechiae from reflecting the immense pressure with which I was strangled, and I was swollen and puffy and also black and blue from bruises and bites.

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“While I was being strangled (and afterwards), all I could think about was my children finding my dead body. The very real possibility of this situation being reality is something I think about every day. This has had a long lasting impact on not just me, but my entire family.

“When I contacted the police I felt respected, heard. My instinct that night was like fight or flight – I wanted to survive.

“Strangulation could end someone’s life. I’m pleased that the punishment now fits the crime in these cases. This legislation takes into consideration the total paralyzing fear a victim will experience and how close they have come to death. Strangulation is a demonstration of control, not a loss of it.”

Sinn Féin MLA Ciara Ferguson welcomed the news that the new non-fatal strangulation laws have come into effect.

She said: “The links between non-fatal strangulation and domestic abuse are well-established. We know that strangulation is used to control and terrify victims, and it can often cause serious physical and psychological injury, including fatal injuries.

"Non-fatal strangulation is widely believed to be a predicator of domestic homicide and it is vital our laws now reflect the seriousness of the offence.

"Strangulation is a vicious and deplorable act and it is right the PSNI now have the tools to prosecute perpetrators effectively.”

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