A review of the current laws found that too many cases of strangulation were being discontinued, and there was a lack of clarity around what was needed for police and prosecutors to prove the offence in court.

Following the review, the Government consulted on proposed reforms, and is set to introduce changes that would clarify and broaden the definition of ‘strangulation’ to now mean applying pressure to a person’s neck to an extent that it could affect a person’s breath, or flow of blood to the head.

There will also be a new second offence introduced with higher penalties, where choking renders an individual unconscious – punishable by up to ten years in prison.

The tough new domestic violence reforms will be introduced when Parliament resumes later this month.

Quotes attributable to Attorney-General Kyam Maher

There’s clear evidence to suggest that strangulation in a domestic setting is a precursor to domestic homicide, and the intent behind the original strangulation laws – namely to better protect victims and to ensure perpetrators are held to account – remains the primary consideration.

However, the Government’s review of the existing laws showed that a lack of clarity around the elements that needed to prove the offence meant these laws were not as effective as they should have been.

By clarifying the definition of strangulation, we’re working to give authorities a clearer understanding of the evidence needed to successfully prosecute perpetrators and better protect people at risk of domestic and family violence.

Adding a more serious offence – with a more significant maximum penalty – is also an important recognition of the harm that results from conduct of this type.

Quotes attributable to Embolden General Manager Mary Leaker

Strangulation, choking or suffocation are red flags that someone experiencing domestic and family violence is at increased risk of being killed by their partner or ex-partner. Embolden supports the Bill’s intent to clarify the legal definition of these behaviours and ensure that authorities can act to protect victim-survivors and hold people using violence to account.

The proposed higher penalty in circumstances where a victim-survivor is rendered unconscious reflects how potentially harmful choking, strangulation and suffocation are.

The Bill is also an opportunity to raise community awareness about the inherent dangers of applying pressure to someone’s neck. Health and domestic and family violence services are concerned that choking is increasingly common in sexual interactions, in particular among young people, and that people may not be aware of the risks.