Victoria will make non-fatal strangulation a stand-alone offence and consider including cruelty to animals under the state’s family violence laws.
Describing the act as the “reddest of red flags”, the attorney general, Jaclyn Symes, on Wednesday announced the crimes amendment (non-fatal strangulation) bill would be introduced to parliament.
She cited research that found someone who survives non-fatal strangulation by a current or former partner is seven times more likely to be seriously injured or murdered by that partner.
“We know that this is a particularly damaging, heinous crime that often leads to catastrophic outcomes,” Symes said. “When non-fatal strangulation occurs, it is the reddest of red flags.”
Symes paid tribute to the children of Joy Rowley, who advocated for the law change after their mother was choked unconscious eight months before she was smothered to death in her home in Rye in 2011.
A coroner who investigated Rowley’s death found a stand-alone charge may “significantly help” to ensure strangulation is treated for the serious risk it poses to victims. It is already an offence in the Australian Capital Territory, New South Wales and Queensland.
The Victorian reforms will create an offence of intentional non-fatal strangulation, which does not require proof of injury and will carry a maximum prison term of five years.
A second, more serious offence of non-fatal strangulation, where a perpetrator intentionally causes injury, will be created with a maximum penalty of 10 years.
A consent defence will be available for the first offence for people who provide affirmative consent to non-fatal strangulation during sexual activity and no intentional injury has occurred.
Symes also confirmed the government would support a motion put forward in the upper house on Wednesday by Animal Justice party MP Georgie Purcell to investigate changing the Family Violence Protection Act 2008 to include an animal cruelty offence.
The motion would also further investigate “the link between violence towards animals and humans”.
“We’ve already started preliminary investigations looking at this reform,” Symes saisd.
A legislative change could bring Victoria into line with NSW, which in 2020 made harming or threatening animals a form of intimidation under family violence legislation.
Several reviews have found perpetrators of family violence use overt threats and actual harm to animals as a mechanism to attain and maintain control of their family. In one Victorian study, 53% of family violence survivors said their partner had hurt or killed one of their pets.
In its submission to the Victorian government’s royal commission into family violence, the RSPCA said in many cases animals were abused as a method of controlling partners while in the home, or they might be starved, abused or neglected when the victim fled.
According to the animal welfare agency, one in three women delay leaving situations of family violence due to concerns about leaving their beloved pets behind. This is exacerbated by the fact that most refuges or crisis accommodation options will not house companion animals.
Jennifer Howard founded the not-for-profit Safe Pets Safe Family, which provides support for domestic violence victims with pets in South Australia.
“If we can’t get the animals out of the home at the same time, so many of our clients end up putting themselves at risk because they go back to the property,” Howard told Guardian Australia.
“I’ve heard all sorts of horrible threats from clients saying their perpetrator will kill or hurt their animals if they don’t go back. It gives perpetrators a source of control against victims when animals are left behind.”
Howard welcomed the government’s commitment to Purcell’s motion.
“Usually for kids, animals are their first best friend, and if kids are in a family violence situation, I guarantee you those pets are by their side, huddled up and shaking.”
• In Australia, the national family violence counselling service is on 1800 737 732. In the UK, call the national domestic abuse helpline on 0808 2000 247, or visit Women’s Aid. In the US, the domestic violence hotline is 1-800-799-SAFE (7233). Other international helplines may be found via www.befrienders.org
