Perpetrators who intentionally injure victims through non-fatal strangulation face up to a decade in prison as new laws to protect women come into effect in Victoria.
The charge of intentional non-fatal strangulation will not require proof of injury and will carry a maximum five-year jail term while those who intentionally injure their victim by strangulation will face up to 10 years in jail under reforms to the state’s crime bill introduced in October 2023.
Dubbed Joy’s Law, the changes were sparked by the advocacy of Joy Rowley’s family following her death.
Ms Rowley, 60, was found dead in her Rye home in October 2011, with her former partner James Mulhall later sentenced to 19 years in jail after pleading guilty to her murder.
Multiple domestic violence incidents were recorded before her death and Mulhall was facing related charges at the time.
Research shows a person who survives non-fatal strangulation by a current or former partner is seven times more likely to be seriously injured or murdered by that person.
Victorian Attorney-General Jaclyn Symes said the laws will help keep more women safe.
“Non-fatal strangulation is rarely an isolated event, it often reveals an ongoing and escalating pattern of coercive and controlling behaviour – especially when it occurs in family violence circumstances,” she said.
Ms Symes previously said the precursor to Ms Rowley’s murder was at least one incident of non-fatal strangulation.
The laws won’t apply to those who engage in non-fatal strangulation during sexual activity and where consent is freely and wilfully given.
Victorian Shadow Attorney-General Michael O’Brien welcomed the changes saying Joy’s Law will better protect all Victorian women.
The death of 28-year-old mother and early educator Molly Ticehurst in NSW prompted proposed changes to that state’s laws to make it harder for accused perpetrators to get bail.
Ms Ticehurst’s death in Forbes, 120km west of Orange, sparked a passionate movement against domestic violence across the region, where the rate of DV assaults is one-and-a-half times the state average.
Magistrates will have to consider “red flag” behaviour such as coercive control, strangulation and animal abuse under the proposed changes.
It follows NSW designating non-fatal strangulation as a serious violent offence which allows the Supreme Court to prevent an offender’s release or order a regime of strict supervision if it is satisfied the offender poses an unacceptable risk of committing another serious sexual or violent offence.
Such a course currently applies to those convicted of offences such as murder, manslaughter and intentionally or recklessly inflicting grievous bodily harm.
The South Australian government is also reviewing strangulation laws while holding a royal commission into domestic violence.
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