Over 44,000 Reports of Strangulation Raises Domestic Violence Concerns
Rise in Strangulation Cases Raises Wider Concerns
More than 44,000 reports of strangulation were made to police in England and Wales during the past year, according to figures highlighted in a new report examining the response to this increasingly recognised form of violence.
The figures have been welcomed by domestic abuse survivor and campaigner Rachel Williams, who experienced strangulation during an abusive relationship lasting 18 years. She has called for the courts to impose robust sentences where defendants are convicted.
Non-fatal strangulation became a specific criminal offence in England and Wales in June 2022. Its introduction reflected growing recognition that pressure applied to a person’s neck can create a severe risk of injury or death, even where there are few or no visible marks.
For anyone accused of strangulation or suffocation, the allegation must be taken extremely seriously. A conviction can result in imprisonment, restrictive court orders and consequences affecting employment, family life and reputation.
Why Non-Fatal Strangulation Became a Standalone Criminal Offence
Before the specific offence was introduced, incidents involving strangulation could be prosecuted through general assault legislation. However, this did not always reflect the danger of the conduct, particularly where the complainant had no obvious external injuries.
The offence of strangulation or suffocation is now contained in section 75A of the Serious Crime Act 2015, inserted by the Domestic Abuse Act 2021.
A person may commit the offence by intentionally strangling another person or by carrying out another act which affects that person’s ability to breathe and constitutes a battery.
The offence is not restricted to husbands, wives or partners. Although many allegations arise in a domestic setting, the legislation can apply wherever the required elements of the offence are alleged to have occurred.
Strangulation Allegations Can Be Serious Without Visible Injuries
One of the most important features of a non-fatal strangulation case is that the prosecution does not necessarily need to prove that the complainant suffered a serious or visible physical injury.
Someone may report pain, breathing difficulties, dizziness, loss of consciousness, difficulty swallowing, a change in their voice or problems with concentration and memory. In other cases, a person may show few outward signs of injury.
The absence of bruising does not automatically prevent a charge or prosecution. Equally, a reported symptom does not by itself prove precisely what happened or establish the identity or intention of the person accused.
Each case must be examined carefully, including the medical evidence, witness accounts, communications between the parties and the wider circumstances in which the allegation was made.
How Police Investigate Non-Fatal Strangulation Reports
Police investigations may involve much more than taking statements from the complainant and suspect.
Officers may obtain photographs, body-worn camera footage, emergency call recordings, medical records, ambulance notes, CCTV, doorbell footage and statements from neighbours, relatives or children who were present.
Mobile phones may also be examined for messages, calls, photographs, social media activity and communications sent before or after the alleged incident.
Where an allegation forms part of a longer relationship, police may investigate previous reports, alleged controlling behaviour, threats, damage to property or other incidents that were not originally reported.
A defendant may therefore face additional allegations such as assault, controlling or coercive behaviour, harassment, stalking, criminal damage or threats to kill.
The Importance of Legal Advice Before a Police Interview
A person accused of non-fatal strangulation may be arrested or invited to attend a voluntary interview under caution.
A voluntary interview is still a formal police interview. What is said, omitted or misunderstood during that interview may become important evidence if the case proceeds to court.
It can be tempting to believe that giving a quick explanation will immediately resolve the matter. However, an account given without first understanding the allegation and available evidence may create difficulties later.
A criminal defence solicitor can obtain disclosure from the police, advise on the legal elements of the alleged offence and help the suspect decide how to respond during interview.
Free and independent legal representation is available at the police station, regardless of income.
Consent and the Legal Position in Strangulation Cases
Some allegations arise in circumstances where the accused person says that the conduct was consensual, including during sexual activity.
The law surrounding consent in strangulation cases is restrictive and should not be treated as straightforward. A person cannot necessarily rely on another individual’s agreement where the conduct causes, or is intended to cause, serious harm.
The precise legal position will depend on what is alleged to have happened, the nature of any injury, the degree of force used and the evidence concerning consent.
Anyone facing an allegation arising from consensual sexual activity should obtain specialist advice rather than assuming that consent will automatically provide a defence.
Sentencing for Non-Fatal Strangulation and Suffocation
Non-fatal strangulation and suffocation can be dealt with in either the Magistrates’ Court or the Crown Court. The maximum sentence for the principal offence is five years’ imprisonment.
The sentencing court considers both culpability and harm. Factors affecting the sentence can include whether the conduct was sustained or repeated, whether significant force was used, whether the victim lost consciousness, and whether the offence caused substantial physical or psychological harm.
The court may also consider whether children were present, whether the offence occurred against a background of domestic abuse, whether threats were made and whether the defendant attempted to prevent the victim from seeking help.
Previous convictions, offences committed while on bail, breaches of court orders and attempts to interfere with a witness can make the position significantly more serious.
Where an offence is racially or religiously aggravated, a higher maximum sentence may apply.
Can a Person Be Charged With Other Offences as Well?
A charge of non-fatal strangulation does not prevent prosecutors from bringing other charges arising from the same incident or relationship.
If serious injury is alleged, prosecutors may consider offences involving actual bodily harm, grievous bodily harm or wounding. In exceptionally serious circumstances, the evidence may lead to allegations involving an intention to cause very serious injury or death.
Domestic cases may also involve charges of controlling or coercive behaviour, false imprisonment, threats, witness intimidation or breach of a restraining or non-molestation order.
This can make the indictment, sentencing position and potential consequences considerably more complex than a single allegation of assault.
Protective Orders and Bail Conditions After a Strangulation Allegation
Even before a case reaches court, a suspect may be released on bail with conditions preventing contact with the complainant or restricting access to a shared home.
These conditions can have an immediate effect on children, accommodation, employment and arrangements for collecting personal belongings.
Following conviction, the court may impose a restraining order. A restraining order can prohibit direct and indirect contact, entry into particular areas or communication through other people.
Breaching bail conditions or a protective court order can lead to arrest and separate criminal proceedings. A defendant should obtain advice before attempting any contact, even where the complainant appears to have initiated it.
Evidence and Defences in Non-Fatal Strangulation Cases
Non-fatal strangulation cases can involve sharply conflicting accounts. The accused may deny applying pressure to the neck, dispute the amount of force used, raise self-defence or say that physical contact occurred differently from the description given to police.
In some cases, the issue may be whether an accidental or momentary action amounts to intentional strangulation. In others, the dispute may concern identification, consent or whether the alleged incident happened at all.
A defence solicitor may need to examine medical findings, photographs, inconsistencies between accounts, messages exchanged after the incident and any footage or independent witness evidence.
The fact that an allegation is serious does not remove the prosecution’s obligation to prove the offence beyond reasonable doubt. However, the seriousness of the charge makes early preparation and preservation of evidence particularly important.
The Wider Consequences of a Strangulation Conviction
The ramifications of conviction may extend well beyond the sentence imposed by the court.
A conviction can affect employment, professional registration, security clearance and the ability to work with children or vulnerable adults. It may also influence family court proceedings and decisions concerning child contact.
Foreign travel and immigration status may be affected, particularly where a custodial sentence is imposed. The existence of a restraining order can continue to restrict a person’s movements and communications after any other part of the sentence has ended.
Where allegations receive publicity, the reputational effect can be substantial even before the criminal proceedings have concluded.
Legal Representation for Strangulation and Domestic Abuse Allegations in Greater Manchester
Anyone arrested or invited to a police interview concerning strangulation, suffocation or domestic abuse should obtain legal advice at the earliest opportunity.
Morton’s Solicitors represent individuals during police station interviews and criminal proceedings in Stockport, Manchester and throughout Greater Manchester.
Our criminal defence solicitors can advise on the evidence, possible charges, bail conditions, court procedure and the potential sentencing consequences. Where allegations are disputed, we can identify evidence that may assist the defence and ensure the accused person’s account is properly presented.
Early Criminal Defence Advice Is Vital in Strangulation Cases
The increase in reported strangulation offences reflects greater awareness of conduct that can cause severe physical and psychological harm.
It also means that police, prosecutors and courts are approaching these allegations with increasing scrutiny. An incident may lead to a detailed domestic abuse investigation, examination of digital devices and allegations covering a much wider period than the original complaint.
For a person accused of an offence, the consequences can include imprisonment, loss of contact with family members, restrictive orders and lasting damage to their career and reputation.
Obtaining specialist legal advice from the beginning provides the best opportunity to understand the allegation, preserve relevant evidence and respond appropriately to the investigation.
How We Can Help.
If you have any questions regarding arrests or enquiries relating to any of the crimes mentioned in this article and are looking for legal representation in police stations or court then don’t hesitate to call us now on 0161 477 1121 or email us.
