The Non-Fatal Strangulation Offence as a Response to Domestic and Family Violence
Melbourne Law School, along with The University of Queensland have been funded by the Australian Research Council to undertake a research project examining the offence of non-fatal strangulation (DP200101020).
Up to three-quarters of women escaping domestic and family violence and residing in shelters report experiences of non-fatal Strangulation from their previous partner. Police, prosecutors, lawyers, service-providers and victims often overlook, or misidentify strangulation and this is a concern because the act is both extremely dangerous and a risk factor for future serious harm and death. In Australia, Queensland introduced a new offence focused explicitly on domestic and family violence in 2016 (s315A Criminal Code (Qld)), providing the ideal case to investigate the operation and outcomes and theoretical implications of this offence. The aim of this project is to address, through rigorous analysis, a clear gap in knowledge about the operation and stakeholder experiences of the non-fatal strangulation offence as a response to domestic and family violence.
Research Staff
The research is being conducted by:
- Professor Heather Douglas Chief Investigator, The University of Melbourne
- Associate Professor Robin Fitzgerald, Chief Investigator, The University of Queensland
- Dr Leah Sharman, Post-Doctoral Fellow, The University of Melbourne/ The University of Queensland
Published Research Outputs
Refereed Journal Articles
- Sharman, L, Fitzgerald, R and Douglas, H, 'Medical Evidence assisting non-fatal strangulation prosecution: A scoping review' (2023) 13(3) BMJ Open, e072077
- Douglas, H and Fitzgerald, R, 'Women’s stories of non-fatal strangulation: How should the criminal justice system respond?' (2022) 22(2) Criminology & Criminal Justice, 270-286
- Douglas, H and Fitzgerald, R, 'Proving non-fatal strangulation in family violence cases: A case study on the criminalisation of family violence', (2021) 25 (4) International Journal of Evidence and Proof, 350-370
- Edwards, S and Douglas, H, 'The criminalisation of a dangerous form of coercive control: Non-fatal Strangulation in England and Wales and Australia', (2021) 8 (1) Journal of International and Comparative Law , 87-119
- Kendall, S, 'Prosecution and Defence Strategies in Non-fatal Strangulation Cases: Are They Influenced By Victim Brain Injury and PTSD?' (2021) 45 Criminal Law Journal 297-315
Chapter in edited collection
- Heather Douglas and Robin Fitzgerald, ‘The Consequences of Criminalizing Domestic Violence: A Case Study of the Non-Fatal Strangulation Offense in Queensland, Australia,’ In eds. Heather Douglas, Kate Fitz-Gibbon, Leigh Goodmark and Sandra Walklate, The Criminalization of Violence Against Women: Comparative Perspectives, Oxford University Press, 2023, 209-228
Edited Book
- Heather Douglas, Kate Fitz-Gibbon, Leigh Goodmark and Sandra Walklate (eds), The Criminalization of Violence Against Women: Comparative Perspectives, Oxford University Press, 2023, ISBN: 9780197651841
Reports
- Sharman, L S, Douglas, H and Fitzgerald, R, Understanding the non-fatal strangulation offence: Interviews with domestic violence service workers. Key Outcomes, The University of Melbourne and The University of Queensland (2022)
- Fitzgerald, R, Douglas, H, Pearce, E and Lloyd, M, The Prosecution of Non-fatal Strangulation Cases: An Examination of Finalised Prosecution Cases in Queensland, 2017 – 2020, The University of Melbourne and The University of Queensland (2022)
- Sharman, L S, Fitzgerald, R and Douglas, H, Non-Fatal Strangulation offence convictions and outcomes: Insights from Queensland Wide Inter-linked Courts data, 2016/2017-2019/2020 , The University of Melbourne and The University of Queensland (2022)
- Sharman, L S, Douglas, H and Fitzgerald, R, Review of domestic violence deaths involving fatal or non-fatal strangulation in Queensland, The University of Melbourne and The University of Queensland, Australia (2021)
Policy Briefs
- Douglas H and Fitzgerald R. The Australian legal response to non-fatal strangulation: Policy recommendations, Emerald Open Res 2022, 4:29
Engagement Outputs
- Heather Douglas, ‘Understanding the risks and dangers of strangulation’, Tasmanian Magistrates Court (CPD event), Hobart, 20 October 2023
- Heather Douglas, Leah Sharman and Robin Fitzgerald, ‘Domestic violence and the use of non-fatal strangulation in association with sexual abuse’, European Domestic Violence Conference, Reykjavik, Iceland, 12 September 2023
- Leah Sharman, Heather Douglas, and Robin Fitzgerald, ‘Sexual Behaviours and Choking/Breath Play: Attitudes and understandings’, European Domestic Violence Conference, Reykjavik, Iceland, 12 September 2023
- Heather Douglas and Robin Fitzgerald, ‘The consequences of criminalising domestic violence: A case study of the non-fatal strangulation offence in Queensland, Australia’ European Domestic Violence Conference, Reykjavik, Iceland, 11 September 2023
- Leah Sharman, Robin Fitzgerald and Heather Douglas, ‘Criminalisation of Non-fatal Strangulation in Australia: Intended and Unintended Consequences’ Global Meeting of Law and Society: Rage, Reckoning, Remedy, Lisbon (online), 16 July 2022
- Robin Fitzgerald, Heather Douglas and Leah Sharman, ‘Criminalisation of non-fatal strangulation in Australia: What is prison for?’ Global Meeting of Law and Society: Rage, Reckoning, Remedy, Lisbon (online), 15 July 2022
- Heather Douglas, Robin Fitzgerald and Leah Sharman, Panel: ‘The Pleasure is all mine’: Non-fatal strangulation, image-based abuse and stealthing as forms of sexual violence and the law.’ Global Meeting of Law and Society: Rage, Reckoning, Remedy, Lisbon (online), 14 July 2022
- Heather Douglas, ‘Non-fatal Strangulation: Recognition and Legal Response.’ Lead Family Violence Magistrates Workshop, Melbourne, 24 June 2022
- Heather Douglas, Submission to the Department of Justice, Tasmania, on the proposed non-fatal strangulation offence, 10 February 2022
- Heather Douglas, Robin Fitzgerald and Leah Sharman, ‘Review of Domestic Violence Deaths Involving Non-Fatal Strangulation’ Coroners Court, Queensland, 8 October 2021
- Heather Douglas, Robin Fitzgerald and Leah Sharman, ‘A Research program for Non-Fatal Strangulation in Australia’, Strangulation Institute, Training Institute of Strangulation Prevention, San Diego (online) 18 June 2021
For further information and resources, please see the following:
Australasian Institute of Judicial Administration, National Domestic and Family Violence Bench Book (2021) ‘Factors affecting risk’ [4.2]
Red Rose Foundation and Training Institute on Strangulation Prevention, Domestic Violence Non-Lethal Strangulation
ANROWS,’ Externally funded projects on non-fatal strangulation’
Melbourne Law School
Building 106
The University of Melbourne
VIC 3010