Non-fatal strangulation is a crime that involves intentionally affecting a victim’s ability to breathe or blood flow to the brain. It’s often used as a means of control or intimidation.
Non-fatal suffocation occurs when a person uses unlawful force on a victim, whether intentionally or recklessly, that affects the victim’s ability to breathe.
The Domestic Abuse Act 2021 amends the Serious Crime Act 2015, introducing two new sections — section 75A and 75B.
Section 70(1) of the Domestic Abuse Act 2021 created an offence of non-fatal strangulation and a separate offence of non-fatal suffocation. The offences were introduced as part of the Government’s Violence Against Women and Girls Strategy 2021 and came into force on 7 June 2022.
Abusers who strangle their partners in an attempt to control or induce fear will face up to 5 years behind bars when a new offence came into force in June 2022.
The legislation does not provide definitions of strangulation or suffocation, but CPS charging guidance for prosecutor’s states that: ‘the word should be given its ordinary meaning which is the obstruction or compression of blood vessels and/or airways by external pressure to the neck impeding normal breathing or circulation of the blood.’ The guidance provides common examples of acts which may be charged as non-fatal strangulation as:
- one or two hands held around the neck of a person.
- chokehold or head lock – external pressure applied by an arm around the neck.
- ligature – for example a scarf or belt tightened around the neck.
- pressure on the neck from a foot or knee.
CPS prosecution guidance also provides a definition of non-fatal suffocation, confirming this has a wider ordinary definition and is to ‘deprive a person of air which affects their normal breathing.’ Common examples of suffocation are given as:
- putting a hand over the mouth and nose.
- compressing the chest.
- any other force or suppression applied to a person to cause a restriction of breath.
You are not to blame.
Some people who have been strangled feel embarrassed or feel that they are to blame. This is never the case. A victim who has been abused over a period of time may “normalise” the abuse. The abuser will blame the victim for what has happened.
Being strangled is terrifying. Many people think they are about to die which will be very frightening and affect them emotionally. This fear can continue for a long time after the attack. The realisation that a person (and it might be someone who you love and you thought that they loved you) has nearly killed you is a lot to deal with. The attacker uses strangulation as a way to control the victim and show that they have the power to kill. Victims are terrified and feel unable to fight back or defend themselves.
It is normal to feel very upset or angry or feel numb, like you have no feelings. You may have problems sleeping and concentrating. You may feel that you are to blame for what has happened even if you know this doesn’t make sense. These are normal reactions to being a victim of an attack. If your symptoms don’t start to settle after several weeks, or they are very severe, then seek help, for example from your GP, as you may have post-traumatic stress disorder (PTSD).
It is normal for these symptoms to come and go and sometimes take you by surprise.