What is the reality of harm, risk and intent associated with strangulation, asks MSP
Special report by Bill Heaney
Continued from yesterday’s Dumbarton Democrat
Claire Brennan continued: “In a previous meeting that Tess White and I sponsored, the Crown Office and Procurator Fiscal Service set out the argument that one cannot consent to harm in Scotland, so the offence already exists. I accepted that, and I would be reluctant to legislate unnecessarily. However, the research from the University of Exeter adds weight to the calls for a stand-alone offence.
“If criminalising non-fatal strangulation as a stand-alone offence could help to prevent escalation, improve recording and prosecution and, ultimately, save lives, I believe that Parliament has a responsibility to consider it.
“We should engage seriously with the evidence that is before us and ask whether our existing offences capture the reality of harm, risk and intent associated with strangulation, particularly when there are no visible injuries and no weapon.”
Ms Brennan told the Holyrood parliament: “I want to acknowledge the survivors and advocacy organisations that have long highlighted non-fatal strangulation as a critical issue. They are often sharing their lived experience at a time when it is unfashionable to challenge the culture and when there is a minimisation of the experience that being strangled can be terrifying and life-threatening and is never minor.
“This debate reflects a conversation that has been building in Parliament for a few years. I hope that it marks the point at which we move from recognising the problem to actively exploring solutions, which should be grounded in evidence, informed by survivors and driven by the shared aim of preventing a further loss of life.”
Michelle Thomson, left, an SNP MSP, thanked Claire Baker for her work in this matter and for obtaining the debate – “and I accord my own respects to the power of collaborative cross-party working.”
She said: “I want to speak a little more about the research paper Disrupting Violence, Protecting Lives: Strangulation Laws and Intimate Partner Homicides, which is very compelling and shows beyond reasonable doubt that treating non-fatal strangulation as a stand-alone criminal offence saves lives.
“The paper analyses nearly 30 years of data linking non-fatal strangulation laws across the United States with detailed homicide statistics. The researchers show that, where non-fatal strangulation laws were introduced, intimate partner homicides fell dramatically.
“Among adults aged 18 to 49—the age group that is most affected—US states saw a 14 per cent reduction in female intimate partner homicide and a 27 per cent reduction in male intimate partner homicide, compared with what would have otherwise occurred.
“Those are not modelling assumptions or advocacy claims; they are causal effects derived from a rigorous two-stage difference-in-differences methodology.
“The study goes further. It finds no similar reductions in killings by strangers, which tells us that the laws did not simply coincide with wider crime declines. Instead, the drop is specific, targeted and clearly linked to non-fatal strangulation legislation.
“Why do we care? We care because non-fatal strangulation is one of the strongest predictors of later homicide. We know that it often leaves little visible injury and, historically, it has been treated as a simple assault.
“The research explains that that legal vacuum has had fatal consequences. Victims would be nearly killed, yet the police could often charge only a minor offence. That had the effect of weakening justice responses, sending the wrong message to perpetrators and leaving the victims exposed.
“Where laws have been introduced, things have changed, as the study shows. Police classify more intimate partner violence cases as aggravated assault and arrest rates for aggravated IPV have increased, especially in cases involving women who are most exposed.
“In other words, the law empowers earlier, stronger intervention, thus breaking the pathway from non-fatal strangulation to homicide.”
Ms Thomson added: “The evidence is clear that a stand-alone non-fatal strangulation offence saves lives. In Scotland, we do not yet have such an offence. I know that the Scottish Government has stated that it does not believe that a stand-alone offence is necessary at this time, and it has made various arguments about existing laws on assault, attempted murder and so on. I also know that ministers have said that they will keep the matter under review. However, the current legal framework is insufficient.
“Although we might introduce additional legislative complexity with a stand-alone offence, we would also improve outcomes. Fundamentally, the evidence that is before us shows that general assault laws do not deliver the same prevention effect.
“The specificity of the offence—the formal legal recognition of strangulation as a distinct high-risk act—enables justice systems elsewhere to intervene earlier and more effectively.
“The Government states that it is committed to reducing violence against women and girls but, on this matter, the evidence goes beyond principle: it is empirical.
“The question for us now is simple: if we know that, as proven by the research that I mentioned, action can prevent homicides, why would we wait? It is time for us to act.”
Conservative MSP Tess White (right) added: “I want to say a special thank you to Claire Baker for raising this topic and to Michelle Thomson for working on it over the past few years.
“Emily Drouet was in her first year of university when she met a boy who went on to become her boyfriend, to strangle her and to engage in such demoralisation of her as a person that, in 2016, she committed suicide.
“Scotland is the only part of the United Kingdom that does not have non-fatal strangulation as a stand-alone crime.
“Strangulation for sexual purposes is now part of our culture. It is especially common in the young. Research has shown that 43 per cent of sexually active 16 and 17-year-olds and 35 per cent of 16 to 34-year-olds have experienced it.
“What was niche has now become part of the mainstream via increasingly extreme pornography. The issue has crept up on society unnoticed with unthinkable consequences.
“Strangulation is a strong predictor of escalating domestic abuse and intimate harm. One woman in four accessing community and refuge services in this country reported that they had experienced strangulation or suffocation. However, strangulation often leaves no visible physical injury, which makes it difficult to assess and to prosecute under existing common-law assault offences.
“The First Minister has said that he needs the gap in the law to be proven for non-fatal strangulation to be made a stand-alone crime, but is the data on NFS collected in Scotland? Markers are added to crimes if NFS has taken place but, as it is not always reported, there will always be underreporting. Many women are reluctant to come forward. A stand-alone crime would enable awareness and data collection to encourage women to report it to the police.
“However, data is collected in many countries, and a research report from the University of Exeter published in December 2025 found that an NFS law might have prevented 1,029 female intimate partner homicides. Crucially, such a law stops perpetrators before violence turns deadly.
“As we have heard, the researchers, Professor Sonia Oreffice and Professor Climent Quintana-Domeque, say:
“Laws that explicitly define and criminalise non-fatal strangulation are a scalable and actionable policy tool for preventing lethal acts of domestic violence. Our findings show how laws can be designed to shift enforcement earlier in the violence cycle and meaningfully enhance victim safety.”
“Fiona Drouet, in reply to the Lord Advocate’s [Dorothy Bain’s] rejection of a stand-alone NFS crime said: “A specific law would reinforce to health professionals, educators, and frontline responders that this behaviour is a red flag for escalating harm, including homicide and suicide. It would also support victims in recognising the seriousness of their experiences and empower them to seek help.”
“Emily Drouet was caught in the gap where the law should have been. In her name and that of so many others, it is time that we make non-fatal strangulation a stand-alone crime in Scotland.”
Labour MSP Carol Mochan, left, said: “I thank all those who have contributed so far. I associate myself with the remarks that everybody has made about the importance of cross-party working, particularly in this area, and of the quality of the research in this area. That research might be limited, but its quality is so important.
Today’s motion asks the Parliament to recognise and consider the benefits of creating a stand-alone offence for non-fatal strangulation, which, in my view, could see significant improvements to public awareness, data collection, and victim safety and support.
“Non-fatal strangulation is a severe form of domestic abuse that is predominantly carried out by men against women. As we have heard, it can have serious and long-term side effects, including brain damage, organ failure and mental health issues. It has potentially life-threatening consequences and can cause extreme trauma for victims.
“Tess White showed the shocking reality and why we have to highlight it. As the motion highlights, non-fatal strangulation often leaves no visible injuries, but it is a strong predictor of future lethal violence and is becoming increasingly more common, particularly, as we have heard from other contributors, among younger people, who might not fully understand the consequences.
“Although non-fatal strangulation is prosecuted as a criminal offence in Scotland under the common law of assault, as we have heard, that common-law route does not always work and can fall short of fully capturing the offence. I believe that exploring how and where improvements can be made might significantly improve outcomes for victims. If we cannot fully capture the offence, we cannot get improvements.
“I want to recognise the bold and world-leading action that the Parliament is taking to tackle violence against women and girls. That has been done, because we work on a cross-party basis and listen to each other. I think that that should be put on the record.”
She added: “As non-fatal strangulation is currently recorded under a range of offences, there is an issue with the recording of—and, indeed, the lack of—data. That is an important element; I do not need to explain just how important data is. It is important not only because it allows us to understand the scale of the problem and to increase awareness, as I have said.
“Capturing and recording that data is important in a medical sense; it is important for research, which will allow us to change the impacts; and it is important at an individual level, too, at the point at which a victim presents at a hospital. Therefore, it is very important that we get the data right, because doing so will help us increase public awareness of the dangers.
“A strong case can be made that a stand-alone law would improve education and awareness of the effects of strangulation and could help improve the long-term safety and wellbeing of the victims. Underreporting is such an issue, and a stand-alone law might help if people really understood what we were trying to record.
“I recognise the arguments that Claire Baker, right, highlighted—I, too, was at that round table—from people who have cautioned against introducing a stand-alone offence, given the potential unintended consequences.
“We could look for a quicker alternative approach, but it might not be as effective and might fall short in addressing the core problems.
“Tackling violence against women and girls must and should always be a priority for the Parliament. In my view, it is absolutely worth exploring the creation of a stand-alone offence, as it could send a message. It is important for Scotland that we see this as our absolute priority.”