Non-fatal strangulation law comes into effect in Northern Ireland

Strangulation is the second most common method of female murder in the UK

Police in Northern Ireland can now charge people with non-fatal strangulation.

It became a stand-alone offence in Northern Ireland under the Justice, Sexual Offences and Trafficking Victims Act 2022, and has now come into effect.

Strangulation is the second most common method of female murder in the UK.

Women's Aid NI said the legal change would give prosecutors vital tools to deal with perpetrators.

Over the last 10 years seven people (six women and one man) in Northern Ireland were strangled to death.

Non-fatal strangulation is seen as a red flag for escalating violence in intimate partner relationships and a possible indicator for future risk of murder or attempted murder.

One victim of non-fatal strangulation spoke to the BBC anonymously about her experiences:

"There were several occasions of violence and a couple of strangulation, the reason I reported it to the police I suppose, was the the increase in the severity and the velocity of when I was strangled," she said.

"I totally blacked out, I lost consciousness, I lost control of my bowel and my bladder."

• 'I could feel an enormous crushing around my neck'

She said when she came to in the bed she had "a fight or flight instinct".

"That that was the final time, that was enough.

"While I was being strangled, the only thing that was really running through my head was my children finding me the next day and the panic of total loss of any oxygen.

"The realisation that you were slipping away and your last final thoughts are just your children finding you dead on the bed."

'The absolute terror'

She said she then phoned the police.

"It doesn't take long for somebody to slip into unconsciousness and ultimately pass away.

"I'm really pleased that the legislation has come in here and the sentencing guidelines, you know, the impact of it, it takes into account the extent, the absolute terror, the fear that somebody that's experiencing that feels, and also takes into account the impact that it can leave on your life.

"It was a demonstration of control. It wasn't a lack of control, it's not an involuntary reaction, you make the decision to do something like that.

"It still feels like a story that's been told by somebody else, but the more that people talk about it, the more that people are aware of the dangers of it."

One victim of non-fatal strangulation spoke anonymously to the BBC

Sonya McMullan, Women's Aid NI, said non-fatal strangulation was "the ultimate act of control"

"Somebody literally can take life with in a few seconds - in three to five minutes death may occur," she told BBC News NI's Good Morning Ulster.

"It's a red flag, a significant risk factor for serious injury and homicide."

She added: "It (the new legislation) will give the police more tools and our public prosecution more tools to be able take this forward."

Dr Catherine White, the medical director at the Institute for Addressing Strangulation, successfully campaigned for the change in the law in England and Wales.

She told the BBC: "One of the reasons we were keen to have a stand-alone law was that too often strangulation was being treated the same as a slap, punch or kick and yet in term of the danger of it - it's very different.

"The neck is very vulnerable - there's the airway and on either side of the airway are blood vessels, so any significant pressure can stop blood returning from the brain and lead to a stroke."

She said her research showed more than a third of victims thought they were about to die.

"In terms of psychological terror this is extreme," she said.

Joanne Barnes, the chief executive of Nexus, a charity which supports people suffering from abusive relationships and sexual abuse, welcomed the reform.

"This is not a 'fun', sexual or 'consensual' act and 'rough sex' can no longer be used as a defence. Non-fatal can turn fatal in an instant and can take less pressure than shaking someone's hand," she said.

'Another step forward'

The Department of Justice said the new offence provided greater protection for victims.

"This crime can affect anyone and can occur in a number of circumstances.

"However, there are those who use strangulation and asphyxiation to exert control and fear in others, including in cases of domestic abuse.

"Research shows that this type of abuse is eight times more likely to result in domestic homicide.

"In recognition of the serious harm it causes, this new offence carries greater penalties than were previously available and today marks another step forward in making our community safer."

Det Supt Lindsay Fisher welcomed the introduction of the new law

The PSNI said the new legislation "means that if you do anything that does or could restrict someone's breathing in any way you should be prepared to face a prison sentence for this offence alone".

"This new legislation will take into consideration the emotional impact, trauma and fear that the victim experiences."

Senior police described the legislation as a "step forward in helping officers tackle the magnitude of the threat".

Det Supt Lindsay Fisher said: "On average, between 10-12% of reporting domestic abuse victims have experienced non-fatal strangulation, placing them at the highest risk.

"Non-fatal strangulation, can very quickly turn fatal."

If you are affected by domestic abuse, there is a range of support services available via the BBC's Action Line page.