Douglas, H; Fitzgerald, R; Douglas, H; Fitz-Gibbon, K; Goodmark, L; Walklate, S
(Oxford University PressNew York, 2023-11-29)
Abstract
Discrete offenses of nonfatal strangulation have been introduced throughout America, England, and Wales and Australia over the past 20 years. This chapter focuses on the offense of nonfatal strangulation introduced in the Australian state of Queensland. Many have viewed the introduction of this offense as a success in educating the public about the harms of nonfatal strangulation, ensuring nonfatal strangulation is taken seriously and ensuring that domestic violence abusers are held accountable. The chapter draws on recent reviews of the operation of the offense, highlighting some of the troubling, but predictable, consequences of criminalizing nonfatal strangulation. These consequences flow to victims and offenders and are most evident for marginalized members of the community, including children. It is argued in the chapter that there is a need for an approach that breaks the link between criminalization and incarceration so the criminal law response can be a more valuable and nuanced part of a holistic response to domestic violence.