Strangulation survivors welcome new Sentencing Council guidelines

WARNING: This article contains description of crimes which some readers may find upsetting

“It shouldn’t be disregarded as a small crime, I thought I’d die when it happened to me.”

The words of Sophie Henson, 24, who said she felt reassured to see “strangulation taken seriously” now by the justice system.

She was strangled by her ex-partner when she was 36 weeks pregnant and in a remote location away from her house.

She and other survivors of strangulation have welcomed new guidance on punishing offenders after the Sentencing Council – which promotes transparency and consistency – issued the first recommendations for judges and magistrates in Wales and England.

Sophie from Bridgend, said: “I felt like a dead fish, my mouth was open, my body was so limp.”

Her ex-partner Zac Pennell was convicted of both coercive control and intentional strangulation in January, with a sentence of 21 months.

“It was heartbreaking. I felt it was such a low sentence for how dangerous it is.”

“I think the new guidance will help people seek justice, that it’ll be taken seriously and it’s a positive step,” she added.

She described strangulation as an “up close and personal attack” which can and does take lives.

It comes after an earlier announcement that jealous ex-partners who kill or strangle their victims will receive tougher jail terms.

• Until now there was no guidance for judges on the type of sentences to issue for those found guilty of strangulation or suffocation

• The new recommendations offer guidance on culpability and length of sentences

• It includes detail or aggravating factors increasing seriousness such as the presence of children, or if the victim is pregnant at the time of the offence

• It also highlights factors reducing seriousness including, remorse, mental disorder or learning disability

• The new guidelines come into effect on 1 January.

Rachel Williams, a domestic abuse survivor and campaigner who was instrumental in introducing the offences into law, was shot by her ex-husband in 2011 and left with life-changing injuries.

The offences were created by the Domestic Abuse Act 2021 and came into force on 7 June 2022.

However, these offences are not limited to domestic abuse situations.

Non-fatal strangulation is not a specific offence in Scotland, though it is under consideration.

“Six weeks before the shooting, I was strangled so furiously that’s what made me decide to leave the relationship,” said Rachel.

“It woke my kids up from the bedroom upstairs and one of them said they thought they could hear a pig squealing because of the noise I was making,” she added.

She said the guidelines were long overdue for victims and survivors.

“The criminal justice system at the moment is on the floor because we’re constantly seeing perpetrators not held accountable for their actions.”

“Hopefully this will mean custodial sentences, and send out the message that this is severe, and you will be severely punished,” she added.

She said the change could encourage more victims to report attacks to police and other services.

“Time will tell: we’re fed up of lip service – there needs to be action. If we see more perpetrators of non-fatal strangulation going to court, then we will have more faith in that.”

Johanna Robinson, a member of the Sentencing Council, called the new guidelines “a really important recognition of the harm that occurs within strangulation and suffocation”.

“The physical harm signs can be quite limited, but it can lead to strokes, brain injury and fatalities,” she said.

“I think because of the lack of physical signs it can make people underestimate how often it happens.”

Ms Robinson, who is also the national adviser to the Welsh government on violence against women, domestic abuse and sexual violence, said recognising the harm both physically and psychologically was key for the guidance.

“It also encourages judges to look for signs of planning and intent to cause serious harm, and question if there’s a different charge of say attempted murder,” she said.

She said she understood frustrations in the wait behind the introduction of the guidelines. But there were processes such as consultation with the public and experts, along with work in the courts.

“I hope this sends a strong message and in turn a prevention. However, public campaigning and education to help people understand the risks is also key.”

Prof Catherine White, medical director at the Institute For Addressing Strangulation, said: “We are pleased to have had the opportunity to feed into the guideline development.”

“We hope that this will help dispel common misconceptions around this act, such as a tendency to overestimate the likelihood of visible external injury, a lack of understanding as to the extent of potential internal injury resulting from strangulation, and a lack of appreciation as to the inherent harm done by the act of strangulation regardless of evidence of physical injury.”

If you have been affected by any issues raised in this article, help and support can be found at BBC Action Line.