Victoria: Over 1000 Charged in First Year of New Domestic Violence Choking Laws

Victoria's New Strangulation Laws: A First-Year Review of Domestic Violence Offences

More than 1000 individuals were charged with non-fatal choking, strangling, or suffocating partners or family members in Victoria during the first year of new domestic violence offences. Data from the Crime Statistics Agency indicates that over 230 of these individuals were repeat offenders, with some charged more than five times in the year.

These new laws mark a significant shift in addressing domestic violence, aiming to increase conviction rates and reduce the evidentiary burden on victim-survivors.

Breakdown of Charges: The Two New Offences

Victoria's new legislation introduced two distinct offences related to non-fatal strangulation.

1. Strangulation Without Physical Injury

This first offence carries a maximum sentence of five years. Police laid over 1300 charges under this new legislation, which was introduced in October 2024.

In the initial 12 months, from October 2024 to September of the following year:

• 996 people were charged with this crime.
• Of these, 166 were repeat offenders, with 7 offenders charged more than five times.

2. Non-Fatal Strangulation Intentionally Causing Injury

The second, more serious offence, non-fatal strangulation intentionally causing injury, carries a maximum sentence of 10 years.

For this offence, in the first year:

• 131 people were charged.
• 72 were repeat perpetrators, and four were charged more than five times.

In total, 1312 criminal charges of non-fatal strangulation were laid by police under the two new offences.

These laws aim to increase conviction rates for domestic violence abusers and reduce the burden on victim-survivors to prove unconsciousness.

The Catalyst for Change: Joy Rowley's Legacy

These new offences resulted from comprehensive state government reforms following the tragic 2011 murder of Joy Rowley, who was strangled by James Martin Mulhall. A coronial inquest identified a critical need for legislation specifically addressing non-fatal strangulation in domestic violence cases. Police had previously failed Rowley after she reported being choked to unconsciousness, highlighting a significant gap in the legal framework.

Expert Perspectives: Successes, Challenges, and Future Needs

Professor Heather Douglas, a family violence researcher at Melbourne University, noted the significant number of charges laid in Victoria as a positive indicator of police adopting the new laws. She emphasized that while perpetrators were historically charged with general assault, the new law more accurately reflects the crime's seriousness and its correlation with future homicide risk.

Research suggests that survivors of non-fatal strangulation by a partner or former partner are seven times more likely to experience serious injury or murder by the same individual, with some studies indicating an 800% increase in homicide likelihood.

However, Professor Douglas cautioned that securing convictions for strangulation and choking charges remains challenging. She cited Queensland data indicating approximately half of strangulation charges do not result in convictions, often due to a lack of forensic evidence.

To address this critical issue, the Victorian Institute of Forensic Medicine is developing a program utilizing a state government-funded MRI scanner. This initiative aims to help police gather vital forensic evidence for non-fatal strangulation victims.

Professor Kate Fitz-Gibbon of Monash University highlighted that criminal charges alone are not a complete measure of success. She stressed the importance of ongoing monitoring of court progressions, sentencing outcomes, victim-survivor support, and access to recovery services. Fitz-Gibbon also advocated for sustained investment in early intervention and prevention efforts to reduce the prevalence of non-fatal strangulation.

Christine Mathieson, interim chief executive for Safe and Equal, Victoria's peak body for specialist family violence services, echoed concerns that charges do not always lead to convictions. She emphasized the need for community-wide responses and upskilling front-line specialist family violence workers to curb domestic abuse.

Concerns have also been raised regarding the widespread practice of strangulation during sex among young Australians. Experts warn about the severe risks, including brain damage, stroke, and death, even when consensual. This highlights a broader societal challenge beyond domestic violence legislation.