Non-Fatal Strangulation Solicitors

What is non-fatal strangulation?

Non-fatal strangulation is defined as the intentional application of pressure to another person’s neck or throat, which impairs their breathing or blood circulation without causing death. This specific offence was created under Section 75A of the Serious Crime Act 2015 (inserted by the Domestic Abuse Act 2021) because existing legislation was deemed insufficient to reflect the gravity of such conduct.

The offence centres on the intention to affect the victim’s ability to breathe, and there does not need to be visible injury, bruising, or other medical evidence for an allegation to be pursued. Because strangulation often leaves little or no visible injury, these cases frequently depend on witness credibility, surrounding circumstances, and the quality of the evidence available.

Non-fatal strangulation sentencing guidelines

Non-fatal strangulation is a triable-either-way offence. Less serious cases may be dealt with in the Magistrates’ Court, while more serious allegations are heard in the Crown Court.

Sentencing guidelines, which came into effect on 1 January 2025, provide the court with a framework for sentencing those convicted of non-fatal strangulation.

When determining a sentence, the court will assess culpability and harm, taking into account factors such as the duration of the strangulation, whether there was an element of self-defence, and the extent of any physical or psychological injury suffered by the complainant.

Depending on where the offence falls within the sentencing guidelines, penalties may include:

Aggravating factors such as domestic abuse, repeated offending, or committing the offence in the presence of a child may increase the seriousness of the sentence.

Mitigating factors such as previous good character, genuine remorse, youth or lack of maturity, and relevant mental health conditions may reduce the sentence.

Defences to charges of non-fatal strangulation

Defending an allegation of non-fatal strangulation requires careful analysis of the facts and evidence in each case. Possible defences may include:

• Denying that any strangulation took place
• Lack of intent to restrict breathing or blood circulation
• Mistaken identity

A specialist criminal defence solicitor can assess the evidence, advise you on your options, and build a strong defence strategy tailored to your case.

Defence of Consent

There has been a notable increase in non-fatal strangulation allegations arising from incidents involving consensual rough sexual activity. In some cases, a defendant may seek to rely on consent as a defence. However, the law imposes strict and narrow limits on when this argument can succeed.

Consent may only be considered where:

• The alleged strangulation did not cause serious harm; and
• The accused genuinely believed the other person consented

Even then, the availability of this defence is highly fact-specific.

Crucially, the defence of consent is not available where the complainant has suffered ‘serious harm’, defined as injuries amounting to Actual Bodily Harm (ABH) or more serious. This principle is firmly established in case law, R v Brown, which makes clear that a person cannot consent to the infliction of serious injury, even in the context of consensual sexual activity.

 As a result, arguments based on consent in strangulation cases are complex and highly fact-sensitive, particularly where the level of harm is disputed.