Non-fatal strangulation: Man convicted under new law

The woman passed out due to being strangled by her former partner

A man who strangled his ex-partner until she passed out has been convicted of an offence under a new law.

The victim thought she was going to die when he tightened his grip around her neck so she could not breathe, after kicking and punching her.

The 42-year-old man was found guilty of non-fatal strangulation - which became an offence in June - and also inflicting grievous bodily harm.

He was given a sentence of 22 months' imprisonment, suspended for two years.

This means he will not serve the sentence in prison, unless he commits another offence within two years.

'I was holding on'

The man attacked the woman at an address in Leicestershire on 9 June - just two days after the new law came into effect.

Following his conviction, his victim shared her story through Leicestershire Police.

"I've known him for a couple of years now and it's been hell," said the 27-year-old woman.

"I was holding on to the man he was when I first met him. He made me laugh, he'd take me places, I loved his company.

"As things turned bad I held on to the hope that the person I cared for was in there somewhere and would come back."

As a result of being attacked she sustained cuts and bruises to her face, head, arms and legs, and is still suffering with headaches, having been diagnosed with severe concussion.

'Dragged by hair'

"After multiple calls and messages throughout the day I eventually let him come over," she said.

"We were talking when out of nowhere he snapped, grabbed me by the neck and smashed my head on the floor.

"As I tried to escape he dragged me by the hair into another room and as I lay on the floor he kicked and punched me.

"He then grabbed me around the neck and as he tightened his grip I could not breathe. Before I passed out I was petrified, I thought I was going to die."

After the man left, the woman sought help nearby. Police were called and discovered pools on blood on the floor, and a glass bottle believed to have been used during the assault.

"I knew I needed help but I felt ashamed when ringing the police - I know I shouldn't but I did," said the woman.

"Now with the support of family and friends I've got to find myself again and rebuild my life."

The man was convicted and sentenced at Leicester Crown Court

Leicestershire Police said the man was the first person their force had charged with the new offence of non-fatal strangulation.

The new law came into force on 7 June this year, under section 70 of the Domestic Abuse Act 2021.

This followed campaigning by the Centre for Women's Justice (CWJ) and We Can't Consent to This.

CWJ argued that strangulation had been trivialised within the criminal justice system, despite being terrifying for the victim.

"One of the main reasons for introducing the new offence is that frequently it was only cases with clear serious injuries that were being charged," said Nogah Ofer, a solicitor at CWJ.

Cases with minor injuries such as red marks were previously charged as common assault, she said, while cases which left no visible injuries were not charged at all.

Ms Ofer has now called on police to prosecute more cases.

"This case reported by Leicestershire Police would most probably have been prosecuted before the new law was introduced, given that there were pools of blood and a glass bottle that was used in the assault," she said.

"For the new law to make a real difference we hope to see those cases that were not previously being prosecuted - or were being under-charged - being charged with non-fatal strangulation."

Restraining order

The BBC has not named the defendant because doing so would identify the victim.

She is legally entitled to anonymity as the defendant was also charged with two counts of raping her, although a jury at Leicester Crown Court found him not guilty.

For the offence of inflicting grievous bodily harm he was given 22 months' imprisonment, suspended for two years.

For strangulation he was given 18 months' imprisonment, also suspended for two years. This will run concurrently to the other sentence, meaning it does not make the total sentence any longer.

He was also given a restraining order for 10 years.

He pleaded guilty to breaching a previous restraining order against the same woman and was sentenced to one day in prison for this, which he has already served.

'Physical scars and trauma'

Det Con Lorraine Hendrie, an officer in the case, said: "The woman in this case showed great strength and bravery in being able to come forward and tell us what had happened to her during that evening.

"She suffered a violent and terrifying attack and has not only been left with physical scars from that night but mental and emotional trauma which will take much longer to heal.

"I do hope with the support of abuse services and those around her she can now begin to move forward."

Leicestershire Police's lead for domestic abuse has encouraged other victims to seek help.

Det Ch Insp Lucy Batchelor said: "Tackling abuse such as this and providing support to those who suffer at the hands of their partners and ex-partners is a top priority for the force.

"The attack this woman endured was horrendous so I am particularly pleased the defendant was convicted under this new offence which recognises a particularly horrific act.

"To anyone who is suffering or concerned about an abusive relationship - please know you are not alone and have nothing to be ashamed of. We have specially trained officers who are here to listen and support you."