Non-Fatal Strangulation

The offences

There are two offences: intentionally choking, strangling or suffocating a person without lawful excuse, and doing so causing injury. “Strangle” includes applying pressure to the neck or obstructing breathing, and injury can include psychological harm. The basic offence does not require any injury. A limited consent defence applies in consensual sexual contexts, but not where injury is caused.

Why these charges are serious

Strangulation is recognised as a strong predictor of future serious harm in family violence. Courts and police treat these allegations seriously at every stage, including bail, which can be difficult to obtain.

Evidence

Evidence may include medical examination, photographs of marks, voice changes reported by the complainant, body-worn camera footage and admissions. Signs of strangulation are not always visible, and their absence or presence is often contested.

How we can help

We examine the medical evidence and the complainant’s account, brief medical experts when needed, and prepare strong bail applications.

This page is general information about Victorian law only and is not legal advice. Every case is different. Speak to us about your situation.