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Committee

Criminal Justice Committee 21 May 2025

21 May 2025 · S6 · Criminal Justice Committee
Item of business
Non-fatal Strangulation
Professor Cath White (Institute for Addressing Strangulation) Watch on SPTV

Thank you for asking me to come and speak to the committee. I could probably talk all day about the impacts of strangulation, but I will not. I agree completely with what has already been said.

We would break the subject down into several issues. One is the immediate medical issue, and death is one end of the spectrum. The neck is a very vulnerable part of the body—major blood vessels and nerves, and the windpipe, are there, so it is very prone to injury. Death could occur just because of a lack of oxygen to the brain. Someone could have a stroke later on because the arteries in the neck got damaged. Like in any part of the body that gets damaged, a blood clot forms, and then bits of blood clot can break off, so the person could have a stroke weeks or months after the event. There could be nerve damage—we have had people come in who have paralysis on one side of their face and have problems with speech and swallowing.

With domestic abuse in particular, and with some strangulation during consensual sex, there can be repeated strangulation and repeated episodes of lack of oxygen to the brain, which I think most people would agree is not a healthy situation. There is a cumulative effect from lack of oxygen to the brain, and someone might, down the line, have cognitive problems and difficulties with executive function, in making decisions and so on.

The psychological impact cannot be underestimated. When we have done research—and when I am examining someone who gives a history of strangulation—one of the questions that we ask is, “What were you thinking?” When we did our research on adults, more than a third said that they thought that they were about to die. That is a very rational thought, because you are about to die if the strangulation continues. That research mainly covered women, but, even when we asked men, although the overall numbers are much lower for men, about 40 per cent thought that they were about to die.

That has an impact on the recovery from that event, and it also feeds into the controlling behaviour—the next time, the person might just have to put their hand on the neck and give it a gentle squeeze. Most strangulation is face to face, eye to eye, and there is a mutual shared understanding, as Fiona Drouet said, that your life is in their hands. It is, therefore, a very powerful way of controlling somebody and what they do.

We also know that there is an increased rate of suicide among survivors of strangulation, because they sometimes feel that there is no other way out.

I will leave it there for now.

In the same item of business

The Convener SNP
Our main item of business is an evidence session on non-fatal strangulation, which includes consideration of the issues raised by petition PE2136, in the nam...
Fiona Drouet (EmilyTest)
Good morning, convener and members. The harms of non-fatal strangulation are significant in the immediate term and in the long term. We are looking at brain ...
Fiona McMullen (Advocacy Support Safety Information Services Together)
It is a privilege for me to amplify the voices of ASSIST victims and victims on the SafeLives authentic voice panel in relation to this issue. I would like ...
Professor Cath White (Institute for Addressing Strangulation)
Thank you for asking me to come and speak to the committee. I could probably talk all day about the impacts of strangulation, but I will not. I agree complet...
The Convener SNP
Thank you. Before I bring in other members, I have a follow-on question for Professor White. You have described some of the impacts very powerfully. Would th...
Professor White
It is vital because, unless we have the data, we do not know what we are dealing with. First, the public have to have an awareness of the issues. If I see so...
The Convener SNP
Before I hand over to Liam Kerr, I give the usual reminder to keep questions and answers succinct, because there is a great deal of interest in the issue.
Liam Kerr (North East Scotland) (Con) Con
I thank all the witnesses for coming to help us today. What we have heard already has been very powerful. I will turn to Professor White first but invite oth...
Professor White
I am not sure that I am best placed to answer that question because I do not have expertise in Scottish law. There does not have to be an injury in England ...
Liam Kerr Con
The point about data is an important one. My question, which I will throw open to Fiona Drouet, is, do we require a legislative fix or is there something tha...
Fiona Drouet
My concern about looking for potentially quicker alternatives is whether they would be as effective. For example, if strangulation was an aggravator, would t...
Fiona McMullen
That links to domestic abuse legislation and whether we think that it goes far enough to capture non-fatal strangulation. We welcomed that legislation—it is ...
Liam Kerr Con
I am very grateful. For the record, and for anyone watching, when you talked about DASA, you were talking about the Domestic Abuse (Scotland) Act 2018. I w...
Fiona McMullen
It is a complex issue. We have largely incident-based reporting at the moment. We are not capturing non-fatal strangulation in those reports. I feel that we ...
Liam Kerr Con
I understand.
Fiona Drouet
Fiona McMullen articulated that very well. We are failing victims if strangulation is seen as an add-on—for example, a common assault with strangulation. How...
Fiona McMullen
I will briefly add that 223 of those victims were aged under 30.
Pauline McNeill (Glasgow) (Lab) Lab
I was first alerted to this issue at a cross-party evening meeting. Some of the other committee members were also in attendance. I learned things that I knew...
Fiona Drouet
I absolutely agree. I think that it is influenced heavily by pornography and many other social factors. We talk about consensual sex, but I always call it so...
Fiona McMullen
I will add briefly to that. As I said, we did 1,201 risk assessments. Only 18 of the 596 victims who had experienced strangulation said that it was during se...
Professor White
My background is in sexual violence, and there is, of course, a big overlap between domestic abuse and sexual violence. That goes back to some of the earlier...
Pauline McNeill Lab
Thank you. I will explore that issue further. Any anecdotal evidence would suggest that it is not even specific to men or women, but I have not seen the data...
Fiona Drouet
I am happy to come in. I always think that it puts us in a more fortunate position that we can look at other jurisdictions and the weaknesses in their existi...
Professor White
With regard to consent, I am not a lawyer, but my understanding is that, in England and Wales, you cannot consent to something that does you serious harm. Th...
Fiona McMullen
I am here to think about domestic abuse, and it is a repeat crime: domestic abuse is unique and quite distinct in its nature. Campaigning is really importan...
Rona Mackay (Strathkelvin and Bearsden) (SNP) SNP
Good morning. Fiona Drouet, I want to ask you something aside from our discussion about whether there should be a stand-alone offence. Do you think that, dur...
Fiona Drouet
It would absolutely be helpful, and at all levels. When the Crown discloses that the matter relates to domestic abuse, the question should be asked. Indeed, ...
Rona Mackay SNP
My thinking was that it would at least raise awareness, during the prosecution, that that had happened.
Fiona McMullen
That should be happening just now. When the police go to a domestic abuse incident, they will offer every victim the same risk assessment, which I have spoke...
Rona Mackay SNP
I was interested in what you said in your opening comments about the case in which someone was in a car, coming home from their mother’s funeral. You just do...