Call for non-fatal strangulation to be made crime

The mother of a student who took her own life after being abused by her boyfriend has launched a petition to have non-fatal strangulation (NFS) made a standalone offence.

Fiona Drouet's daughter Emily was 18 years old when she took her own life several days after being choked and slapped by her ex-boyfriend.

Currently in Scotland, NFS is classed as assault, a charge Ms Drouet said does not recognise the address the physical and psychological impact it can cause.

NFS laws have already been introduced in England, Wales, and Northern Ireland.

University of Aberdeen student, Emily died on 17 March 2016 after being subjected to physical and psychological abuse by Angus Milligan.

He later admitted choking and slapping her at halls of residence. Emily, a law student, was found dead several days later.

Milligan pleaded guilty to assault and threatening behaviour and was sentenced to 180 hours community service in 2017.

Since her death, Emily's mother has set up EmilyTest - a charity aiming to tackle gender-based violence in education.

Fiona Drouet is now calling for NFS to be recognised as a standalone offence as she believes current laws don't go far enough.

She told BBC Radio Scotland's Drivetime programme: "With NFS we know you are eight times more likely to be murdered by the person that has strangled you.

"We can’t ignore that, we can’t treat that like common assault because it’s far more complicated, far more complex and far more dangerous than that.

"It is really difficult thinking about your daughter being strangled to the point that she thought she was going to die and we absolutely think that impacted her decision to take her own life.

"We know that there is psychological damage, there’s physical damage it might be short or long term but that damage is very real."

Ms Drouet said the long-term impacts of NFS are "never ending" and can increase the risk of strokes and Alzheimer's. She said it can also increase suicidal ideations and can lead to incontinence.

She said: "We need to look at it when it is used as a form of abuse that is usually to silence the victim survivor.

"The perpetrator is saying 'your life is in my hands' and that is a very scary place for someone to be."

Scotland is the only country in the UK that has yet to introduce specific legislation to address non-fatal strangulation, after England and Wales made it a crime in 2022, followed by Northern Ireland in 2023.

According to ONS figures, in 2023 strangulation was the second most common method of murder of women in England and Wales.

In Scotland, there were nine female strangulation victims in 2022/23 - making it the joint third most common method.

A spokesperson for the Scottish government said that they are aware of Ms Drouet's petition and the impact NFS can have on victims.

The spokesperson said: “Conduct amounting to non-fatal strangulation is a criminal offence in Scotland under the common law of assault. This offence carries maximum penalties up to life imprisonment."

Fiona McMullen, from domestic abuse advocacy service Assist told BBC Radio's Good Morning Scotland programme that assault does not reflect the gravity of the crime.

She said: "Struggling to breathe is absolutely terrifying, not being able to breathe and in a generalised context we can all resonate with that, we think about choking on a piece of food, a panic attack, experiencing asthma but when we think about strangulations in a domestic abuse context it’s something quite different.

"Assault, punching kicking, biting, spitting. These are all horrific abuses to experience but restricting the ability to breathe, applying pressure with the power to take you to the brink of death is something quite different.

"It's not always about an intent to kill, although we absolutely recognise that it features in domestic homicide, but it is very much about the intent to control."

Ms McMullen added that strangulation often leaves no marks on the victim, but the psychological impact is "significant".

Listen to Fiona Drouet on BBC Radio Scotland's Drivetime programme on 21 November at 16:00.