Just 1.9 per cent of strangulation cases in SA’s courts end in conviction, statistics reveal

For domestic violence victims, strangulation carries a high risk of fatality – but for offenders in SA, it carries almost no chance of being convicted.

The criminal offence of strangulation has failed to stem the tide of domestic violence, with more than 90 per cent of cases dropped before trial.

State Government statistics, sourced by The Advertiser, show just 1.9 per cent of alleged offenders have been convicted since the crime was legislated two years ago.

Only eight offenders saw the inside of a prison cell for their violence.

University of SA Associate Professor Elspeth McInnes said she was at a loss as to why the conviction and imprisonment rates were so low.

She said the reason prosecutors had elected to drop so many cases was also unclear – unlike the crime itself.

“Strangulation is a recognised indicator of risk of fatality … it leaves physical injuries which should provide clear evidence,” she said.

“The data makes me wonder if the law is poorly written and doesn’t easily allow for prosecution, or if the police need further training in its investigation.

“Whatever it is, it doesn’t appear to be working effectively to protect targets of strangulation.”

The Advertiser sought the statistics following the murder of baby Kobi in March. Picture: SA Police.

Attorney-General Vickie Chapman said the law still had the government’s full backing.

“It remains an important measure to address domestic violence, especially given its close relationship as a precursor to murder,” she said.

“The record of a charge – regardless of the outcome – ensures there is an accumulating history against an offender should they come to the attention of police again.

“Any such record can strengthen the level of information available through our Domestic Violence Disclosure Scheme.”

If you or someone you know needs assistance

Lifeline: 13 11 14 or lifeline.org.au

Beyond Blue: 1300 224 636 or beyondblue.org.au

Sane Helpline: 1800 18SANE (7263) or sane.org

Domestic violence support: 1800 RESPECT (1800 737 732) or 1800respect.org.au

Kids Helpline: 1800 551 800 or kidshelpline.com.au

Mensline Australia: 1300 789 978

Suicide Callback Service: 1300 659 467

Headspace: 1800 650 890

Reachout: reachout.com.au

Care Leavers Australasia Network (CLAN): 1800 008 774

Following public calls for action in August 2018, the government introduced anti-strangulation laws in January 2019.

Over the next month, more than one person a day was charged with the offence – within six months, 291 people had been charged with 341 counts.

The latest data – sourced at The Advertiser’s request following the Whispering Wall murder in March – show those prompt arrests found little to no traction in court.

A total of 530 people faced the state’s courts for strangulation between January 2019 and January 2021, but just 10 were convicted and eight were jailed.

The overwhelming majority of cases – 482 across the District, Magistrates and Youth Courts – were dropped by prosecutors.

Barrister Craig Caldicott, co-chair of the Law Society of SA’s criminal law committee, said the data was “quite surprising”.

“The Law Society abhors domestic violence, and we all need to work toward trying to rid the community of it,” he said.

“It may be that the statistics have come about due to overcharging of the offence of strangulation, or victims in the matter not wishing charges to proceed.

“An important thing to remember is that bail is automatically refused in strangulation allegations, which is contributing to overcrowding in the prison system.”

Commissioner for Victims Rights Bronwyn Killmier said that, regardless of court outcomes, reporting incidence of domestic violence remained vitally important.

“Victims may make several attempts to leave a relationship and then return – they may report to police and then decide not to go ahead for a number of reasons,” she said.

“We want women who have reported or withdrawn from prosecutions to know that they are able to come back to police and the prosecution process when new offending has occurred.”

Ms Chapman agreed.

“The introduction of this offence has had a flow-on effect in increasing awareness both of the offence itself and the prevalence of domestic violence in SA,” she said.

“I will continue to monitor the effectiveness of these offences, and pursue other measures that may help to reduce the scourge of domestic violence in our society.