Sexual and family violence
This resource contains references to sexual violence, family violence or child abuse that some people may find distressing.
SHARE
Non-fatal strangulation: section 315A review
This paper invites feedback on proposals for reform to the laws around non-fatal strangulation, set out in section 315A of the Queensland Criminal Code. The aim of the review of section 315A is to ensure Queensland's laws are safe, just and effective, and reflect the seriousness of non-fatal strangulation.
The paper is based on the following points:
- non-fatal strangulation is inherently dangerous
- domestic and family violence victim-survivors who are strangled are at greater risk of future violence and homicide
- victim-survivor reluctance to proceed is a large reason that non-fatal strangulation charges do not succeed
- lack of definitional clarity about the offence still creates confusion
- the requirement to proceed to a higher court is the biggest factor in the time to finalise non-fatal strangulation charges.
Key considerations include defining the non-fatal strangulation offence; whether it must be 'without consent'; whether it occurs in a domestic or non-domestic setting; whether restriction of respiration and/or blood circulation must be proved; and maximum penalties for the offence.
