ON OCTOBER 2, 2024, new laws were introduced in Victoria, making non-fatal strangulation in a family violence setting a standalone offence.
The Crimes Amendment (Non-Fatal Strangulation) Bill 2023 introduces harsher penalties for offenders and provides clearer legal recognition of the dangers posed by strangulation in family violence cases.
Bass Coast Family Violence Division Sergeant Mick Fawcett welcomed the changes, explaining that the new laws bring much-needed clarity to the legal system.
“The new laws provide more clarity as an offence and create a more streamlined, specific charge for this conduct, which endangers serious injury or life. It identifies an exact offence and can help with prosecution, but more importantly, assists with the risk assessment of the victim,” Sgt. Fawcett said.
Previously, strangulation was often charged under broader assault laws, which sometimes failed to capture the severity of the act.
Research has shown that women who survive non-fatal strangulation are over seven times more likely to be killed by their partner in the future.
The introduction of the legislation, often referred to as “Joy’s Law,” follows the tragic death of Joy Rowley in 2011. Ms Rowley was smothered to death by a former partner who had previously strangled her to the point of unconsciousness. Her case highlighted gaps in the legal system that campaigners argued left victims vulnerable.
Under the new laws, Section 34AD of the Crimes Act Victoria 1958 makes it an offence to intentionally choke, strangle, or suffocate a family member with the intent to cause injury, carrying a maximum penalty of 10 years imprisonment. Section 34AE makes it an offence to intentionally choke, strangle, or suffocate a family member without lawful excuse, carrying a maximum penalty of five years imprisonment.
Sgt. Fawcett stressed that these laws are not just about punishment but also about increasing awareness and improving victim safety.
“It’s incredible how closely this offence is linked with more serious crimes. Our
primary goal is always to protect victims of family violence, whether that’s through remanding perpetrators, intervention orders (IVOs) or engaging with support or medical services,” he said.
He strongly urged victims to seek immediate medical attention by way of ambulance or hospital attendance, even if they have no visible injuries.
“With or without visible injury, you are still at risk of unseen physical damage in the throat area,” he explained.
For those experiencing strangulation, Sgt. Fawcett emphasised the importance of reporting the incident.
“Firstly, try and make sure it’s reported to police. Also, if possible, surround yourself with family or friends who can help you seek medical attention,” he said.
Authorities hope the changes will provide greater protection for victims and ensure stronger legal consequences for perpetrators.
If you or someone you know is in immediate danger, call 000 or go to the nearest hospital. Local hospitals include Wonthaggi Hospital, Leongatha Hospital, Cowes Urgent Care Centre, Gippsland Southern Health Service Urgent Care in Korumburra, and West Gippsland Healthcare Group in Warragul.
Support services are also available:
The Orange Door: orangedoor.vic.gov.au
MensLine Australia: 1300 789 978 or mensline.org.au
Lifeline: 13 11 14 or lifeline.org.au
Kids Helpline: 1800 551 800 or kidshelpline.com.au
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