Victoria will make non-fatal strangulation a stand-alone offence and consider including cruelty to animals under the state’s family violence laws.
Describing the act as the “reddest of red flags”, the attorney general, Jaclyn Symes, on Wednesday announced the crimes amendment (non-fatal strangulation) bill would be introduced to parliament.
She cited research that found someone who survives non-fatal strangulation by a current or former partner is seven times more likely to be seriously injured or murdered by that partner.
Symes paid tribute to the children of Joy Rowley, who advocated for the law change after their mother was choked unconscious eight months before she was smothered to death in her home in Rye in 2011.
A coroner who investigated Rowley’s death found a stand-alone charge may “significantly help” to ensure strangulation is treated for the serious risk it poses to victims. It is already an offence in the Australian Capital Territory, New South Wales and Queensland.
The Victorian reforms will create an offence of intentional non-fatal strangulation, which does not require proof of injury and will carry a maximum prison term of five years.
A second, more serious offence of non-fatal strangulation, where a perpetrator intentionally causes injury, will be created with a maximum penalty of 10 years.
A consent defence will be available for the first offence for people who provide affirmative consent to non-fatal strangulation during sexual activity and no intentional injury has occurred.
Several reviews have found perpetrators of family violence use overt threats and actual harm to animals as a mechanism to attain and maintain control of their family. In one Victorian study, 53% of family violence survivors said their partner had hurt or killed one of their pets.
According to the animal welfare agency, one in three women delay leaving situations of family violence due to concerns about leaving their beloved pets behind. This is exacerbated by the fact that most refuges or crisis accommodation options will not house companion animals.
in America the Supreme Court is weighing whether a domestic abuser male is allowed to keep his second amendment rights. Usa is regressive on protecting women from crime and violence. Domestic abuse is a slap on the wrist. Our country lets men have their guns and hate against us. At least Victoria is doing something right.