Abstract: Strangulation, including asphyxiation, grabbing another by the neck and choking, is a significant feature of coercion and control, assault, rape and the killing of women. While it is a form of violence perpetrated against adults and children regardless of the relationship of the victim with the perpetrator, it is common in relationships where there is intimate partner violence. Recently, the risks associated with non-fatal strangulation and its association with coercive and controlling behaviour have begun to be researched. This article contributes to the understanding of this form of violence and the role of the criminal law in responding to it. It examines research on the nature and prevalence of this form of violence and presents a comparative analysis of the criminal justice response in England and Wales and Australia. The article considers what can be learnt from the criminalisation of non-fatal strangulation and recommends significant reform to the criminal justice response to this form of violence in the United Kingdom and in Australia.
Keywords: non-fatal strangulation; choking; suffocation; intimate partner violence; coercive control; offences; criminal law
JICL welcomes full length articles (generally not exceeding 13,000 words inclusive of footnotes), shorter contributions in the form of notes and comments (generally not exceeding 8,000 words inclusive of footnotes) and book review articles of not more than 6,000 words.
We accept contributions for consideration on an exclusive submission basis. When submitting an article please certify that it is an unpublished article (that is, it has not been previously published in substantially similar form or with substantially similar content) and that it is not under consideration by any other journal.
To facilitate anonymous review, please give the names of authors and their short biographical information and acknowledgments in a separate page.
Authors retain copyright in the words used, but upon submission of material for publication, grant Sweet & Maxwell a licence to publish the submission in print and/or digital formats. Sweet & Maxwell retains copyright in the design, format and layout of all material published in JICL.
Once submissions are published, authors are entitled to one copy of the issue, 10 offprint copies and a PDF version of the submission.
Authors who send articles published in JICL to other publishers or media must include a reference to the publication of the article by JICL and Sweet & Maxwell.
Contributions and book reviews should be submitted in Microsoft Word format by way of email attachment to Professor Anton Cooray at Anton.email@example.com.
Authors should follow the OSCOLA citation system (http://www.law.ox.ac.uk/publications/oscola.php), except that we prefer authors to use indenting sparingly.
JICL uses the following heading levels: Main headings are in bold and preceded by a Roman numeral; second-level headings are in bold and italics and preceded by an uppercase alphabet; third-level headings are preceded by an Arabic numeral; and fourth-level headings are in italics and preceded by a lowercase alphabet.