Domestic violence comes in many forms, all connected, but non-fatal strangulation stands out as one of the worst forms of abuse. It should be a standalone offence.

Non-fatal strangulation, choking and suffocation in an abusive relationship are huge red flags that you are with a violent and dangerous abuser and a precursor to escalating violence and death. Reform will help clarify just how dangerous non-fatal strangulation is and that abusers who use this form of abuse deserve greater penalties than those associated with coercive control.

As well as causing serious harm to a victim, such as physical injury, loss of consciousness, traumatic brain injury, wide-ranging psychological and emotional health impacts, and death, strangulation is the clearest indicator of abuse that leads to murder of a partner (overwhelmingly a female partner) and/or children.

"Strangulation is the clearest indicator of abuse that leads to murder of a partner."

The new criminal offence for strangulation (taken up by all Australian states other than Tasmania), comes after research found that women suffering such abuse were seven times more likely to die by homicide, compared to other family violence victims. Therefore, it is imperative that Tasmanian law is reformed so that non-fatal strangulation, choking and suffocation are standalone offences.

In the absence of a specific law, strangulation is typically charged as common assault, which carries much lower sentences – typically maximum penalties of three years in prison for assault; with law reform the maximum penalty for strangulation is seven years.

I am a victim of lived experience of strangulation, choking and suffocation in my abusive relationship. He attempted to strangle me on many occasions, twice to where I was close to unconsciousness. In the 1980s, when I began a relationship with the abuser, I had no idea I was in such dangerous territory.

Given what I have since learned about the seriousness of these abuses, I now understand the urgency behind Tasmanian law being reformed so that stronger penalties are imposed on perpetrators.

Non-fatal strangulation is a particularly dangerous behaviour and cannot be lumped in with other offences of family violence that fall under the banner of common assault. Reform will strengthen legal responses to this heinous form of family abuse and increase protections for victim-survivors.

The negatives of not reforming law

• In Tasmania, as it currently stands, non-fatal strangulation is generally charged as common assault. This is just not appropriate because:
• The current penalty tends to diminish the seriousness of this act. This diminishing is a grave disservice to victims of violence.
• Lighter penalties do not hold abusers accountable.
• Laws not recognising the impact of non-fatal strangulation have been shown to let abusers get away with their crimes, making an abuser less likely to stop abusing. This leaves victims continuing to live with violence under threat of death.
• If conduct involving non-fatal strangulation is lumped as a general offence of assault, the prevalence of this violent abuse is not readily captured in the statistical data or recorded on an offender's criminal record. There is no “red flag” created to allow for better risk assessment and increased protection for family violence and other victims. This may have negative consequences for victims. Law reform will see a recording of non-fatal strangulation specifically on the criminal record, easily accessible to all courts and areas of law enforcement.
• Abusers rarely change if they aren't forced to suffer tough legal consequences.

The positives of law reform

• Law reform may save another woman from being murdered by their intimate partner, so it is urgently important to change existing laws around non-fatal strangulation.
• It is critical that our laws change for a safer community.
• Legal reform in this direction becomes an ally in defending your rights.
• Protect victims of family violence by imposing a severe sentence that acts as a deterrent, punishes the offender, and expresses disapproval of the conduct and vindicates the victim. Courts on the mainland have expressly recognised that past sentencing practices for domestic violence were not adequate considering changes in community understandings and attitudes about the nature of domestic violence, specifically non-fatal strangulation. The penalties imposed serve as a warning to others that detection and conviction will result in severe consequences. Severe repercussions also show abusers themselves that this form of violence is serious and not tolerated by society.

Society’s attitudes to domestic violence are changing

There is an increased global and local condemnation of family violence, to vindicate the victim and to deter the offender and others from such conduct in the future. Attempted strangulation which does not result in death or even visible injury can have long-term physical and psychological impacts and leave the victim susceptible to ongoing symptoms. In criminal assault, such acts are generally used to subdue and force compliance by the victim, without any real thought given to the danger inherent in such conduct. Making non-fatal strangulation a standalone offence in Tasmania protects not only victims but the public in general. This is important.

Courts here in Tasmania should focus on the need for punishment to be imposed to deter (the offender and others) to protect women from violence by men and to recognise the harm inherent in non-fatal strangulation. Past and current laws have inadequate sentencing regarding this issue. Change is needed.

Law reform may save another woman from being murdered by their intimate partner, so it is a huge and meaningful step in the right direction that existing laws around non-fatal strangulation are being reformed.

New laws coming

It was announced recently – well after this piece was originally written – that the Tasmanian government is planning a law for non-fatal strangulation to become a standalone offence. When that law becomes fact remains to be seen, but it appears that our campaigning in the past few months has resulted in our government considering falling into line with the rest of Australia in making non-fatal strangulation a standalone offence.

Having a public voice does make a difference!

This new law will mean safer communities. Legal reform in this direction becomes an ally in defending a victim’s rights. The new standalone offence gives police clearer guidelines for charging an abuser who uses non-fatal strangulation in the abusive relationship. The introduction of the offence in other Australian states has underpinned training for first responders, including police, ambulance officers and hospital admissions staff. They now learn about the dangers and risks of non-fatal strangulation, how to ask about it and how to respond.

With law reform in place here, Tasmanian police have that same benefit.

I have been campaigning along with Alina Thomas, Yvette Cehtel, Elise Whitmore and Ruth Forrest to see law reform making this abuse a standalone offence. I am thrilled and relieved that Tasmania will be in line with every other Australian state once this law reform is put in place.

Read more from Deborah Thomson's column: 

An introduction

Issues with Centrelink and family violence victims

Domestic violence is everday terrorism

He will forever harbour his secret

The warning signs, and what to do about them

If you are looking for other assistance services you can go to www.findhelptas.com.au for help in Tasmania or, nationally, call 1800 RESPECT (1800 737 732).

Deborah Thomson moved to Tasmania with her daughter in 2010, and now lives with her partner of nine years and a parrot.

She moved to escape domestic violence and, inspired by her new partner, wrote her first book, Whose Life Is It Anyway? Recognising and Surviving Domestic Violence, to help others recognise abuse (and in particular coercive control), in the home, and to increase their motivation to leave earlier. 

After publishing her first book, she became a trained advocate through Engender Equality, a non-government Tasmanian organisation working with people and communities impacted by family violence. Deborah Thomson advocates for survivors of family violence, speaking at domestic violence events across Tasmania, through media channels and podcasts.

She recently completed a second book, detailing lived experience with domestic violence by her then husband, spanning 17 years from 1985 to 2003. This book is now used in Tasmania as an information resource for family violence counsellors and students on practicals. Both books are available through The Hobart Book Shop.

Visit the homepage for Deborah's column, The Family Violence Epidemic here.