Hansard

Ms Lennon raises an important point. The work that goes on in schools around the equally safe strategy and the curriculum input on healthy relationships—which, of course, focuses a lot on the importance of consent—is important in that regard. I will pick up further on the consultation that we will take forward and the survey information that Ms Baker and I have discussed. The point about online harms, particularly in relation to intimate images, will be a factor in the forthcoming consultation.

On the issue of a stand-alone offence, I know that members are aware that the UK Parliament has legislated for a specific offence of non-fatal strangulation in England, Wales and Northern Ireland. It is important to recognise that that was done mainly to address a specific issue in those jurisdictions where non-fatal strangulation that did not result in visible injury could only be prosecuted using the statutory offence of common assault, which carries a maximum penalty of six months’ imprisonment. Understandably, that was something that those jurisdictions wished to address.

Non-fatal strangulation is already criminal under Scots law and can be dealt with using a range of offences. That is an important message to reiterate. It does not mean that minds are closed on the issue or that there is no further action to take forward. However, with regard to Ms Lennon’s point about education and giving out correct societal messages, it is important to be clear that non-fatal strangulation is already a criminal offence. The relevant offences include: common-law assault with penalties up to life imprisonment; sexual assault with penalties up to life imprisonment; and part of a course of conduct prosecuted as a domestic abuse offence with penalties up to 14 years’ imprisonment. The Crown Office, as the independent prosecutor, is clear that it approaches non-fatal strangulation seriously and that it uses those laws where the evidence supports their use.

Another important factor to note is that, in contrast with the law in England, Wales and Northern Ireland, in Scotland there is no defence of consent to strangulation. That is a significant feature of the better protection that is offered in Scots law. Again, it is important to send out to our society and communities the message that there is no defence of consent to strangulation.

I understand and respect deeply the view that creating a specific offence could send a message about the unacceptability of non-fatal strangulation and could help measure its prevalence. I recognise that those are important factors and that, by their very nature, those arguments are powerful. However, I want to guard against any risk of unintended consequences. I say that in light of the evidence that was highlighted by the Crown Office and Procurator Fiscal Service in its evidence to the Criminal Justice Committee last year in relation to a specific offence as distinct from assault. The issue is that there would need to be corroboration specifically of the strangulation and not simply of the assault or domestic abuse. We have already heard from members today that one of the salient issues with non-fatal strangulation is that it often leaves no visible signs. The fact that corroboration would be required might mean that creating a specific offence would result in the underestimation of the true prevalence of the issue, as cases involving non-fatal strangulation might continue to be prosecuted as assault, sexual assault or domestic abuse.

I stress that this is an issue that the Government and I take seriously. Although existing laws operate well in protecting victims and dealing with perpetrators, we will shortly publish a public consultation to seek views on this area of the law, as set out in our programme for government. We will continue to engage with views and with the evidence. As I mentioned, that consultation will also include a look at online harms—particularly in relation to intimate images—as well as spiking, a statutory aggravation for offences against pregnant women, and prosecutorial powers to impose non-harassment—