Reforms to strengthen South Australia’s domestic violence laws have now come into effect, giving prosecuting authorities greater scope to charge and secure a conviction against domestic violence perpetrators for the offence of domestic strangulation.
The legislative changes were developed in response to a review into the domestic strangulation offence which found that charges and prosecution rates of the offence were low.
The review also found there was a lack of clarity around the evidence required to prove the offence in court.
The reforms, which have come into effect this month, include a clearer and expanded definition of choking or strangling a person, as well as a new higher-penalty offence for cases where someone is rendered unconscious due to choking or strangulation in a domestic setting.
Under the new laws, choking or strangling is now defined as the applying of pressure to a person’s neck to an extent that is capable of affecting their breath or flow of blood to the head.
This revised definition replaces the previous definition which required proof that the victim’s breathing had been restricted, but did not acknowledge the impact of strangulation on blood flow to the head, which can have even more dangerous and lasting impacts on the victim.
Where an individual is rendered unconscious due to strangulation or choking in a domestic setting, the offender could face up to ten years in jail if convicted under this new offence.