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AAP
AAP
Politics
Tara Cosoleto and Callum Godde

'Reddest of red flags': Non-fatal choking to be a crime

It's hoped new laws in Victoria will help stem the tide of lives lost to domestic violence. (Darren England/AAP PHOTOS)

Non-fatal strangulation will become a stand-alone crime in Victoria, with offenders facing jail time of up to 10 years.

The amended crime bill will be introduced to the Victorian parliament on Wednesday following lobbying by family violence services. 

Attorney-General Jaclyn Symes said strangulations, even when they do not cause death, led to catastrophic outcomes.

"When non-fatal strangulation occurs in a family violence situation it is the reddest of red flags," she told reporters at state parliament.

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.

Joy Rowley, 60, was found dead in her Rye home in October 2011, with her former partner James Mulhall later sentenced to 19 years' 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. 

Ms Symes said the precursor to Ms Rowley's murder was at least one incident of non-fatal strangulation and the government has listened to her family's concerns.

"They want to ensure that other victims have an avenue to go to police to make a compliant about this," she said.

The reforms will create two offences to reflect the seriousness of the injury sustained from the assault.

The charge of intentional non-fatal strangulation will not require proof of injury and will carry a maximum five-year jail term for offenders.

A more serious offence where a perpetrator intentionally causes injury by strangulation will carry a maximum penalty of 10 years behind bars. 

A consent defence will be available for the offence carrying the five-year jail term.

There will be protection for people who have engaged in consensual strangulation during sexual activity where no intentional injury occurred.

The Victorian government will also consider changing the Family Violence Protection Act to include an animal cruelty offence. 

The upper house will on Wednesday debate a motion by Animal Justice MP Georgie Purcell to investigate the change, with the state government indicating its support.

Ms Purcell said Victoria's animal cruelty laws are too weak as one in three Australian women delayed leaving violent homes out of fears for their pets.

"Anywhere between 50 and 75 per cent (of women) have reported violence to animals before there was violence towards people," she said.

"We know that this is a very real issue here in Victoria."

In 2020, NSW made harming or threatening animals a form of intimidation under family violence laws.

1800 RESPECT (1800 737 732)

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