Reforms to strengthen South Australia’s strangulation laws have passed State Parliament.
The reforms aim to address deficiencies in South Australia’s domestic strangulation laws that were highlighted in a review by the Attorney-General’s Department that identified a lack of clarity around what was needed to prove the offence in court.
The laws give prosecuting authorities greater clarity and more options to crack down on domestic and family violence perpetrators have passed State Parliament.
The current offence relies on a common law position from Queensland and requires proof that an individual’s breath has been restricted as a result of strangulation.
Under the reforms, this definition will be legislated, clarified and expanded to cover instances where an individual applies pressure to a domestic partner’s neck to the extent that it is capable of affecting the person’s breath or blood flow to the head.
In addition, the reforms establish a second offence where choking or strangulation causes harm by rendering a person unconscious, punishable by up to ten years in jail.
The Government will be consulting with authorities before the reforms come into effect.
As put by Kyam Maher
The state government is strongly committed to ensuring our laws do all they can tackle the scourge of domestic, family and sexual violence. These reforms to strangulation offences are an important step forward.
The current definition of strangulation does not recognise the inherent danger in restricting a person’s blood flow to the head, which can be just as harmful as restricting someone’s breath.
Clarifying and expanding the definition of strangulation is a responsible way of ensuring perpetrators can be held to account for their actions, and acknowledging the serious nature of the offending.
The new top tier offence for the most serious domestic strangulation cases, where an individual is strangled to the point of losing consciousness, is also a positive step forward in protecting the community from perpetrators of domestic and family violence.
As put by Katrine Hildyard
Tragically, we know that strangulation, suffocation and choking are often precursors to the murder of women by a partner or former partner.
We need our laws to be strong and effective in dealing with perpetrators and empowering women to know that strong action will be taken against those who cause harm.
These new laws do exactly that. They will make a difference to the lives of women experiencing domestic, family and sexual violence and send a clear message to perpetrators that they will be held to account.
As evidenced by this bill and our comprehensive legislative agenda, investment and policy changes across prevention, intervention, response and recovery and healing, the State Government is utterly determined to do all that we can to help tackle domestic, family and sexual violence.
