Landmark laws will make it a criminal offence to intentionally choke or strangle a person in Victoria, in a move experts hope will lead to a surge of charges against violent perpetrators.
Two new offences will come into effect from Sunday, six years after reforms were first announced by the state government following the murder of Victorian woman Joy Rowley.
Police recommended strangulation laws be introduced in Victoria following Joy Rowley’s murder.
The 60-year-old mother of three was strangled to death by James Martin Mulhall at her home in Rye in 2011.
A subsequent coronial inquest heard police failed Rowley at least eight times after she sought help when Mulhall choked her to the point of unconsciousness in the months leading up to her murder.
The inquest identified the urgent need for new legislation in Victoria that directly addressed non-fatal strangulation in domestic violence cases.
Perpetrators who strangle their partners will now face up to 10 years behind bars.
Joy Rowley’s children, Nadine Power, Renee Woolridge and Aaron Woolridge, outside the Coroners Court during the 2018 inquest.Credit: Joe Armao
Rowley’s family lauded the implementation of the new offences, known as “Joy’s law”, but said it had been a long, difficult road to justice and reform.
Her children, Renee Woolridge, Nadine Power and Aaron Woolridge, said in a statement: “We knew this legislation would not bring our mum back nor alter our own circumstances, yet still, we continued to fight tirelessly knowing that it has the power to save the lives of others by ensuring domestic and family violence victims are better protected by more appropriate laws.
“After so many years of prolonged trauma, deep grief and pure frustration, we hope to find peace and share light-hearted moments as a family once again.
“We know our mum would be so proud of our ongoing passion and tenacity as we have continued to fight for other future victims of domestic violence, and in doing so, we have made sure that her death was not in vain.”
Melbourne University law professor Heather Douglas, a renowned family violence researcher, said strangulation offences in other states had led to a surge in charges being laid.
In NSW, more than 1000 strangulation charges were laid in the first year of the laws.
Mounting research suggests a person who survives non-fatal strangulation by a current or former partner is seven times more likely to be seriously injured or murdered by that person.
One study found the likelihood of homicide leapt by 800 per cent if their partner or former partner attempted to strangle them.
Non-fatal strangulation is a stand-alone offence in NSW, the ACT and Queensland.
A first offence of strangulation in Victoria carries a five-year maximum sentence and will not require proof of injury.
The second, more serious, offence will carry a maximum sentence of 10 years behind bars and will apply to instances in which a perpetrator intentionally causes injury to the victim.
Professor Kate Fitz-Gibbon, an international research leader in the area of family violence at Monash University, said she hoped the new offences would sharpen the focus of police and the courts to ensure high-risk cases were dealt with more quickly and effectively.
The Victorian Supreme Court.Credit: Fairfax Media
But she warned the introduction of new offences would not prevent serious violence from occurring, and it was imperative awareness was built informing people about the dangers and potential lethality of strangulation.
The roll-out of the laws comes as experts warn the practice of strangulation during sex has become so widespread more than half of Australian young people have used it.
National data suggests 57 per cent of people aged 18 to 35 have been strangled during sex at least once.
Doctors and researchers warn that understanding of the dangers is so lacking that even those who consent to it are not aware of the grave risks, which include death within minutes and brain injury.
Victorian Attorney-General Jaclyn Symes.Credit: AAP
The government said the laws would not apply when the non-fatal strangulation occurred in the context of sexual activity and consent was wilfully given.
Douglas said an education campaign on the awareness of the risk of choking during sex was urgently needed for young people.
Safe and Equal acting chief executive Jelena Djurdjevic said the effectiveness of any legislation hinged on its implementation.
“To end family violence we need robust, collaborative responses from across the community and services,” Djurdjevic said. “This can’t be limited to just the justice system.”
Victorian Attorney-General Jaclyn Symes said non-fatal strangulation was rarely an isolated event and often revealed an ongoing and escalating pattern of coercive controlling behaviour.
“We must do everything we can to address violence against women,” she said.
Rowley’s children said they could not have achieved the legislation without the support of their father, Les, and the help of barrister David Grace, KC, who was integral in securing an inquest into their mother’s death.
“We find it deeply troubling that, as grieving children, we were forced to use our own resources to engage a KC, just to ensure the Coroners Court fulfilled its intended role in exposing systemic failures within Victoria Police and the lack of appropriate legislation,” they said.
“This new domestic violence legislation will be our mum’s legacy, and we trust that ‘Joy’s law’ will serve as a guardian angel for those in need.”
Shadow attorney-general Michael O’Brien questioned why it took more than six years for government act on a key coronial recommendation, but said as the laws take effect he wanted to acknowledge the tireless advocacy of Joy Rowley’s family in changing Victorian law to honour her.
Family statement in full in relation to introduction of ‘Joy’s law’
Our mum, Joy, was murdered in her own home in 2011.
After four long years of waiting, the Coroners Court initially reviewed our mum’s case and determined that an inquest was not merited. Our family firmly believed an inquest was necessary, as there appeared to be significant shortcomings in how Victoria Police handled her case, and there was a lack of adequate legislation to hold domestic violence perpetrators accountable.
We approached David Grace, KC, who confirmed our suspicions and went on to play an integral role in the coming two years it took to secure an inquest into our mum’s murder.
This inquest ultimately resulted in Victoria Police acknowledging and formally apologising in court for their multiple significant failures in the handling of prior domestic violence reports and incidents involving our mum leading up to her death.
Even more importantly, the coroner identified the urgent need for new legislation directly addressing non-fatal strangulation in domestic violence cases, as research shows a person who survives non-fatal strangulation by a current or former partner is seven times more likely to be seriously injured or murdered by that person.
Without the involvement of David Grace, KC, this inquest and its vital findings and recommendations would never have come to light. We find it deeply troubling that, as grieving children, we were forced to use our own resources to engage a KC, just to ensure the Coroners Court fulfilled its intended role in exposing systemic failures within Victoria Police and the lack of appropriate legislation.
The inquest into our mum’s murder concluded in 2018. A further six years of advocating later, and 13 years since our mum’s passing, we find ourselves here today ready to finally welcome meaningful change being implemented by the Victorian government.
We knew this legislation would not bring our mum back nor alter our own circumstances, yet still we continued to fight tirelessly knowing that it has the power to save the lives of others by ensuring domestic and family violence victims are better protected by more appropriate laws.
After so many years of prolonged trauma, deep grief and pure frustration, we hope to find peace and share light-hearted moments as a family once again.
We know our mum would be so proud of our ongoing passion and tenacity as we have continued to fight for other future victims of domestic violence, and in doing so, we have made sure that her death was not in vain.
This new domestic violence legislation will be our mum’s legacy and we trust that “Joy’s Law” will serve as a guardian angel for those in need.
We’d like to take the opportunity to give special thanks to all those who have been by our side during the last 13 years including all of our friends and family – especially our dad, Les, who has been instrumental throughout this time. Forever in our hearts – we love you, Mum.
Renee Woolridge, Nadine Power & Aaron Woolridge
If you or anyone you know needs support, you can contact the National Sexual Assault, Domestic and Family Violence Counselling Service on 1800RESPECT (1800 737 732), Lifeline 131 114, or Beyond Blue 1300 224 636.
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