A new bill would bring Victoria's strangulation laws in line with other states – but consent complicates matters

In October 2011, Victorian woman Joy Rowley was strangled to death by her intimate partner. It was not the first time he had strangled her. Over the eight-month period leading up to her death she had called the police multiple times to report strangulation attacks.

In the inquest that followed, the coroner highlighted an incident months before she died that involved strangulation and a knife. Police did not lay charges against the offender James Mulhall until several months after that incident. Rowley’s family and others have tirelessly campaigned since for the introduction of a strangulation offence.

Today, 12 years later, the Victorian parliament introduced a bill to criminalise non-fatal strangulation as a standalone offence.

Read more: When it comes to family violence, young women are too often ignored

Common and gendered

Strangulation, also referred to as choking, means stopping or hindering a person’s breath or blood flow through neck compression.

It is a common and gendered form of violence reported by 25–60% of family violence victim-survivors. It is recognised as a form of coercive control – a pattern of controlling and manipulative behaviours within a relationship. Through strangulation, abusers can show they literally hold the victim-survivor’s life in their hands.

A person who has experienced strangulation from their abusive partner is six or seven times more likely than other victim-survivors of family violence to experience death, or very serious harm, in the weeks or months that follow.

Read more: 7 red flags your teen might be in an abusive relationship – and 6 signs it's escalating

Injury and death

Some 15% of deaths attributed to family violence are caused by strangulation. Death can occur in around a minute with a level of pressure required being less than what’s needed to open a soft drink can.

Sometimes death can occur weeks or months after strangulation because of blood clots, stroke or brain damage. When it is not fatal, injuries can be long-lasting including loss of consciousness, brain injuries resulting in memory loss, and pregnancy miscarriage.

Short-term injuries are common too, and may include bruising and nausea. However, in about 50% of cases victim-survivors have no visible injuries even when they have lost consciousness.

Read more: Family violence can include fire threats and burning. We can do more to protect women

The new bill

In Victoria, strangulation is commonly charged as an assault, which does not reflect the seriousness of the offence. Victoria’s proposed strangulation legislation includes two forms of the offence. The most serious form will require the prosecution to prove the offender intended to cause injury. It will attract a maximum ten-year prison sentence.

A second form won’t require proof of injury and could attract a five-year maximum penalty. In such cases, it will be possible for the accused to demonstrate there was affirmative consent and avoid conviction. The government says this will:

[…] provide protection for people who have engaged in genuinely consensual non-fatal strangulation during sexual activity and no intentional injury has occurred.

Choking and sex

Historically, strangulation has been understood as a risky and edgy form of bondage and domination sexual practices. But despite its dangers, strangulation has become an increasingly common part of sex, especially among younger people. This may be driven by increasing engagement with pornography where depictions of choking are frequent.

A survey of over 4,000 American undergraduate students found around one quarter of women reported being choked in their most recent sexual experience. The same study also highlighted the gendered nature of the activity, with women much more likely to be choked by their male partner than the other way around.