Non-lethal strangulation
Signs, Symptoms and Risk Factors
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Strangulation has recently been identified as one of the deadliest forms of domestic violence and is recognised as the most accurate predictors of eventual death from DFV.
It has been estimated that approximately 68% of DFV victims who are seeking medical assistance at hospitals, safety at shelter and protections from law enforcement, have been victims of non-fatal strangulation.
Legal implications
Section 315A of the Criminal Code (Qld) provides that a person commits a crime if the person unlawfully chokes, suffocates or strangles another person, without the other person’s consent; and either
- the person is in a domestic relationship with the other person; or
- the choking, suffocation or strangulation is associated domestic violence under the Domestic and Family Violence Protection Act 2012.
The offence of strangulation was introduced on 5 May 2016 following a recommendation made by the Special Taskforce on Domestic and Family Violence in Queensland. In its report, the Taskforce found that strangulation was a key predictor of domestic homicide, and an appropriate penalty should be applied to account for this increased risk of subsequent escalation to the victim.
Section 315A provides that a person who commits the offence of strangulation is liable to a maximum penalty of 7 years’ imprisonment.
Signs and symptoms
Strangulation can cause brain damage, pneumonitis, miscarriage, heart attacks, and delayed death, days or even weeks after the assault.
In 50% of reported cases, this level of damage can be achieved without leaving noticeable bruises on the outside of the neck.
It is important that strangulation victims are medically checked to ensure internal damage is treated.
Short terms signs and symptoms can include:
- Bruising
- Petechiae (tiny purple, red, or brown spots) to the eyeball
- Swelling
- Abrasions
- Ringing in the ears
- Difficulty communicating
Long term signs and symptoms can include:
- Headaches
- Brain-injuries
- Stroke
- Dementia
- Parkinson's Disease
- Memory Loss
- Mental health issues
Proper documentation of injuries sustained is important for ongoing medical treatment. It can also be important should the victim wish to take legal action to protect their future safety.
Below are a couple of example of resources that have been developed to assist medial experts in identifying and documenting signs and symptoms of strangulation.
Signs and symptoms
Strangulation can cause brain damage, pneumonitis, miscarriage, heart attacks, and delayed death, days or even weeks after the assault.
In 50% of reported cases, this level of damage can be achieved without leaving noticeable bruises on the outside of the neck.
It is important that strangulation victims are medically checked to ensure internal damage is treated.
Short terms signs and symptoms can include:
- Bruising
- Petechiae (tiny purple, red, or brown spots) to the eyeball
- Swelling
- Abrasions
- Ringing in the ears
- Difficulty communicating
Long term signs and symptoms can include:
- Headaches
- Brain-injuries
- Stroke
- Dementia
- Parkinson's Disease
- Memory Loss
- Mental health issues
Proper documentation of injuries sustained is important for ongoing medical treatment. It can also be important should the victim wish to take legal action to protect their future safety.
Below are a couple of example of resources from The Strangulation Institute that have been developed to assist medial experts in identifying and documenting signs and symptoms of strangulation.
If you or someone you know needs immediate support, we are here to assist. You can call us on 3050 3060.
We offer free, non-judgemental support that respects women's choices.
Our services are free and available to women living within the Logan and Redlands regions.
In case of an after hours need for support, please call DV Connect's 24/7 DFV Crisis Line 1800 811 811 (Qld state-wide).
In case of a life threatening emergency please call Triple 000
#strongertogether #notnownotever
REFERENCES
Criminal Law (Domestic Violence) Amendment Bill (No. 20). (2016). Queensland, Australia.
Department of Child Safety, Youth & Women. (2015). Not Now, Not Ever. Putting an end to domestic and family violence in Queensland. Queensland, Australia: DCSYW. Retrieved from https://www.csyw.qld.gov.au/campaign/end-domestic-family-violence/about/not-now-not-ever-report.
Douglas, H., & Fitzgerald R. (2014). Strangulation, Domestic Violence, and the Legal Response. Sydney Law Review, 36, 231-254.
Hyam, R. (2019). Almost 500 strangulation prosecutions in Queensland since 2016, report reveals. ABC News. Retrieved from https://www.abc.net.au/news/2019-05- 22/strangulation-offences-domestic-violence-cases-law-queensland/11135914.
Joshi, M., Thomas, K. A., Sorenson, S. B. (2012). “I didn’t know I could turn colors”: Health problems and health care experiences of women strangled by an intimate partner. Social Work in Health Care, 51, 798–814. doi:10.1080/00981389.2012.692352
Pritchard, A, J., Reckdenwald, A., Nordham, C. (2017). Nonfatal Strangulation as Part of Domestic Violence: A Review of Research. Trauma Violence Abuse, 18, 407-424. doi: 10.1177/1524838015622439
Shields, B. E. L., Corey, S. T., Weakley-Jones, B., & Stewart, D. (2010). Living Victims of Strangulation A 10-Year Review of Cases in a Metropolitan Community. The American journal of forensic medicine and pathology, 31, 320-325. doi: 10.1097/PAF.0b013e3181d3dc02
Strack, B. G., McClane, E. G., & Hawley, D. (2001). Violence: Recognition, Management, and Prevention. A review of 300 attempted strangulation cases part 1: Criminal legal issues. The Journal of Emergency Medicine, 21, 303-309. doi: 10.1016/S0736-4679(01)00399-7
Training Institute on Strangulation Prevention. (2017). Investigation Domestic Violence Strangulation. Retrieved from https://www.strangulationtraininginstitute.com/investigating-domestic-violencestrangulation/.
Training Institute on Strangulation Prevention. (2019). Physiological Consequences of Strangulation Seconds To Minute Timeline. Retrieved from https://www.familyjusticecenter.org/wp-content/uploads/2017/12/Physiological-Consequences-of-Strangulation-Seconds-to-Minute-Timeline-v6.18.19.pdf.
Vella, S. A., Miller, M. M., Lambert, J, E., &. Morgan, M. L. (2017). “I Felt Close to Death”: A phenomenological study of female strangulation survivors of intimate terrorism. Journal of Feminist Family Therapy, 29, 171-188. doi: 10.1080/08952833.2017.1370572
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