Non-fatal strangulation Scotland: Why mother who lost daughter wants stand-alone offence for 'terrifying' act
Fiona Drouet says non-fatal strangulation is a “terrifying, near-death experience” that cannot be trivialised.
A mother whose daughter took her own life after being abused by her ex-boyfriend says making non-fatal strangulation a standalone offence could help women avoid abusive relationships in the future.
Fiona Drouet’s daughter Emily was only 18 when she took her own life just days after being strangled by her former partner.
She has now launched a parliamentary petition to make non-fatal strangulation a stand-alone offence so the “terrifying, near-death experience” is not trivialised.
Women in Scotland are able to ask the police to disclose if a new partner has a history of domestic abuse. But Ms Drouet said these women would be able to understand the severity of the abuse better if a conviction of non-fatal strangulation was listed separately.
“It offers legal clarity,” she said. “In the disclosure scheme, if you are concerned a partner has an abusive past, you can have that disclosed to you.
“If there is a conviction of domestic abuse, that can be trivialised and the new partner can say ‘it was just this, it was just that’.
“But if there is a stand-alone offence of non-fatal strangulation, that potentially acts as a stronger deterrent and a stronger message, which could stop someone going into a relationship that is potentially high-risk.
“It also doesn’t give the survivors the justice they deserve.”
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Ms Drouet appeared at Holyrood’s criminal justice committee on Wednesday when she made the remarks.
During the evidence session, MSPs questioned whether it would be quicker and more effective to adjust the laws already in place rather than creating a new stand-alone offence.
This comes after the Crown Office and Procurator Fiscal Service said the existing legal framework allowed for robust prosecution and creating a new offence could result in “unintended consequences”.
In response, Ms Drouet said: “My concern about looking at alternatives is that it might be quicker, but it minimises an exceptionally serious crime. It is exceptionally high risk. You are seven to eight times more likely to be murdered through strangulation, so it is very different from other forms of abuse.
“The severity cannot be higher because it results in death. I am concerned with how that would look to a survivor. Does it minimise what they’ve been through?”
Ms Drouet also goes into schools to help educate young people on the risks of non-fatal strangulation. She said she worries her message will not be strong enough without being able to say it is a stand-alone criminal offence.
“The harms of non-fatal strangulation are significant,” she said. “We are looking at brain damage, Alzheimer’s, cognitive function being affected, organ failure and potentially death.
“It is like a near-death experience because when you have oxygen to your brain restricted, you are going to have the automatic response of literally fighting for your life.
“It is hugely traumatic and the ultimate act of control because you know whether you live or die is down to the perpetrator's decision at that moment.”
The Holyrood committee was also told creating a stand-alone offence would raise the profile of the seriousness of non-fatal strangulation. MSPs were told many do not think about the damage it causes because they do not understand it is a criminal offence.