Reforms to strengthen South Australia's domestic violence laws have now come into effect, giving prosecuting authorities greater scope to charge and secure a conviction against domestic violence perpetrators for the offence of domestic strangulation.
The legislative changes were developed in response to a review into the domestic strangulation offence which found that charges and prosecution rates of the offence were low.
The review also found there was a lack of clarity around the evidence required to prove the offence in court.
The reforms, which have come into effect this month, include a clearer and expanded definition of choking or strangling a person, as well as a new higher-penalty offence for cases where someone is rendered unconscious due to choking or strangulation in a domestic setting.
Under the new laws, choking or strangling is now defined as the applying of pressure to a person's neck to an extent that is capable of affecting their breath or flow of blood to the head. This revised definition replaces the previous definition which required proof that the victim's breathing had been restricted, but did not acknowledge the impact of strangulation on blood flow to the head, which can have even more dangerous and lasting impacts on the victim.
Where an individual is rendered unconscious due to strangulation or choking in a domestic setting, the offender could face up to ten years in jail if convicted under this new offence.
As put by Kyam Maher
Strangulation or choking is widely recognised as a precursor to domestic homicide, which is why it is so important that we have clear, comprehensive laws that give prosecuting authorities the ability to act.
Ensuring the threshold required to prove the offence is set at a more realistic level – and ensuring there is a clear, easily understood definition of what the offence entails – is essential if we are to treat this offence with the gravity it deserves.
These important reforms will help us get tough on domestic violence offenders before their actions have even more devastating consequences.
As put by Katrine Hildyard
Our community is filled with anger, frustration and sorrow at the ongoing prevalence of domestic, family and sexual violence and our government is absolutely committed to tackling domestic, family and sexual violence in every way that we can – through legislation, policy, community education and investment, and through our groundbreaking Royal Commission which provides a once in a generation opportunity to drive lasting change.
This legislative reform provides clarity and ensures our laws respond to what we know about the risks and impact of strangulation - an abhorrent act of violence.
This change demonstrates our steadfast resolve to ensure that those who experience the horror of violence have much better avenues of recourse, and sends a message to perpetrators that they will be held to account for their actions.
