000 02147nab a22002897a 4500
999 _c7454
_d7454
005 20250625151604.0
008 220124s2021 ||||| |||| 00| 0 eng d
040 _aAFVC
100 _aDouglas, Heather
_94154
245 _aProving non-fatal strangulation in family violence cases :
_ba case study on the criminalisation of family violence
_cHeather Douglas and Robin Fitzgerald
260 _bSage,
_c2021
500 _aInternational Journal of Evidence & Proof, 2021, 25(4): 350-370
520 _aNon-fatal strangulation is recognised as a common form of coercive control in violent relationships. Overwhelmingly it is perpetrated by men against women. It is dangerous both because of the immediate and serious injuries it can cause, and the risk of future violence associated with it. A discrete offence of non-fatal strangulation has been introduced in many countries. Queensland, Australia introduced a discrete non-fatal strangulation offence in 2016. While the offence is charged often, around half the non-fatal strangulation charges laid by police do not proceed. We spoke to prosecution and defence lawyers to better understand the evidential obstacles to successful prosecution. We found that the prosecution of the offence faces challenges common to family violence offences more broadly, despite it being a discrete physical act. Specifically, we found that the willingness of the victim to testify and the perception of the victim's credibility were key to successful prosecution. (Authors' abstract). Record #7454
650 _aCOERCIVE CONTROL
_95771
650 _aCRIMINAL JUSTICE
_9167
650 _aDOMESTIC VIOLENCE
_9203
650 _aFAMILY VIOLENCE
_9252
650 _aINTIMATE PARTNER VIOLENCE
_9431
650 _aSTRANGULATION
_94941
651 _aINTERNATIONAL
_93624
651 4 _aAUSTRALIA
_92597
700 _aFitzgerald, Robin
_94155
773 0 _tInternational Journal of Evidence & Proof, 2021, 25(4): 350-370
830 _aInternational Journal of Evidence & Proof
_910604
856 _uhttps://doi.org/10.1177/13657127211036175
_zDOI: https://doi.org/10.1177/13657127211036175
942 _2ddc
_cARTICLE