Non-fatal strangulation to carry five years in prison under reforms

Ministers will make non-fatal strangulation a specific criminal offence punishable by five years’ imprisonment following pressure from campaigners.

The government confirmed on Monday it would introduce the legislation as an amendment to the domestic abuse bill being debated in parliament.

Campaigners had pushed for a change in the law, with Lady Newlove, the former victims’ commissioner, putting down an amendment last month when the bill came to the House of Lords.

It will seek to address concerns that perpetrators can avoid punishment because strangulation and suffocation can at times leave no visible injury, making it hard to prosecute under existing laws.

Current victims’ commissioner for England and Wales, Dame Vera Baird QC, called non-fatal strangulation a “domestic terror tactic”, and argued that a change in the law – including a specific offence – was required to help police tackle the “magnitude of the threat”.

Legislation will also be strengthened around controlling or coercive behaviour to make it no longer a requirement for abusers and victims to cohabit. Laws to target revenge porn will also be expanded to include threats to disclose intimate images with the intention to cause distress.

Domestic abuse commissioner Nicole Jacobs said the provisions “will better support victims and will save lives” but called for ministers to go further.

“These changes are a huge win for domestic abuse victims, charities and campaigners, and I am delighted that the government has listened and acted,” she said.

“Nevertheless, the government must still go further to make this bill genuinely ‘landmark’ by increasing the provision of services in the community and ensuring protections are extended to all victims and survivors, regardless of their immigration status.”

The bill, largely applying only to England and Wales, is now going through the House of Lords, where a series of amendments have been tabled.

The government previously signalled it would not make non-fatal strangulation or suffocation a specific offence until future legislation.

But peers led by Newlove argued it should be included in the current bill to ensure it reaches the statute book sooner.

Now ministers will aim to make it an offence carrying up to five years in jail to intentionally strangle another person or do any other act that affects their ability to breathe.

Concerns centre on the challenges to prosecute non-fatal strangulation under existing offences such as actual bodily harm (ABH) because injuries may not be visible.

Rishi Sunak is expected to announce a £19m package to tackle domestic abuse during his budget on Wednesday.

Disclosing private sexual photographs and films with intent to cause distress became an offence in 2015, but those who even threaten to share such material could face two years in prison under the plans.

Refuge, a charity for domestic violence victims, has been lobbying for the change in a campaign supported by former Love Island contestant Zara McDermott, herself a victim of revenge porn.

McDermott said she is “thrilled” about the amendment, adding: “My life when I left the Love Island villa was turned upside down as a result of the sharing of intimate images.”

The justice secretary, Robert Buckland, said: “This bill provides a once-in-a-generation opportunity to strengthen our response to domestic abuse and its many forms.”