Labor’s Shadow Attorney-General has today introduced laws to ensure victims of non-fatal strangulation in Queensland receive justice.
Strangulation remains one of the most significant indicators for a person experiencing domestic, family and sexual violence that their life may be at risk.
Sexual strangulation is also on the rise, with figures showing almost 60% of Australians aged 18-35 had been strangled during sex.
Labor’s amendments will implement several recommendations made by the Queensland Law Reform Commission (QLRC) following its review into the offence.
The Crisafulli LNP Government is refusing to act, refusing to say if they support the reform, with the report sitting on the Attorney-General’s desk for more than a year.
Given the seriousness and prevalence of non-fatal strangulation, particularly in a domestic setting, Labor will not wait for another woman to be murdered before the government acts.
Labor’s amendments will include a new aggravated factor for non-fatal strangulation in a sexual or violent setting, which carries a maximum 14-year penalty.
It will remove defences available to perpetrators on the basis they were provoked or insulted.
The amendments will clarify the definition of the offence to include pressure on the neck, covering the nose or mouth, or interfering with a person’s breathing.
It will expand the offence to cover victims not just in a domestic setting but to include people in relationship of coercion, control or domination.
In line with the QLRC recommendations, the Bill will clarify that affirmative consent is a defence to the basic form of the offence (where restriction of breath or blood flow cannot be proven).
Labor is doing what the Crisafulli LNP Government has failed to do and is putting victim-survivors first.
The QLRC made clear that laws alone will not stop the rise of strangulation – education is key.
It’s why their number one recommendation is a targeted education and public awareness campaign.
That’s why the Queensland Labor team is calling for the Crisafulli LNP Government to cut the spin and immediately establish a public awareness campaign warning of the dangers of non-fatal strangulation.
With a $50 million self-promotion budget, the Government can and should use its resources to protect and prevent Queenslanders from becoming victims of domestic and family violence.
Quotes attributable to Queensland Labor Leader Steven Miles:
“While the Crisafulli LNP Government is determined to send domestic, sexual and family violence back into the shadows, we will always stand with victim survivors.
“Sadly, non-fatal strangulation is too often a red flag for further harm, or worse, homicide.
“These laws send a strong message that we will not accept violence in any form, certainly not strangulation.
“The Attorney-General has had this report for 394 days is refusing to act.
“How many Queenslanders have become victims, while this government refuses to act.
"If David Crisafulli truly stands with victims, he will back our laws and immediately launch a public awareness campaign to warn of the dangers of this scourge.”
Quotes attributable to Shadow Attorney-General Meaghan Scanlon:
“When a man wraps his hands around a woman's throat to show control, it's one of the strongest warning signs that she is at risk of further harm, or sadly death.
“Strangulation is one of the clearest warning signs that a woman is at risk of being killed and our laws should treat it that way.
"Strangulation often leaves no mark, but that doesn't mean it didn't happen and it certainly doesn't mean there wasn't real harm.
"This Bill makes the offence clearer to ensure victims-survivors get justice and preparators are held accountable.
“No perpetrator should be able to say they were provoked or hide behind consent that was never given.
"The Law Reform Commission spoke to more than 500 Queenslanders, including victim-survivors.
"The work is done, the recommendations are clear, the government is failing to act, so we will because women are dying."
Quotes attributable to Shadow Minister for Women Shannon Fentiman:
“Women have suffered too much, and for long enough.
“What’s scary is this goes beyond pornography or adult relationships, the statistics involving young people are terrifying.
“This Bill couldn’t wait another day which is exactly why we have acted.
“These laws will send a message that violence is not accepted, and I would urge the government to work with us, support the laws, and launch a campaign to warn of the dangers that we know, sadly, impact too many Queensland women.”
