Reforms to strengthen South Australia’s domestic violence laws became effective this month, enhancing the capabilities of prosecutors to charge and secure convictions for the offence of domestic strangulation.
These changes, spearheaded by Attorney-General Kyam Maher MLC and Minister for Women and the Prevention of Domestic, Family and Sexual Violence Katrine Hildyard MP, aim to address previously identified gaps in the legal framework.
The amendments result from a comprehensive review of the domestic strangulation offence, which revealed low prosecution rates and uncertainty regarding the evidence needed for convictions.
In response, the reforms provide a broader and more precise definition of choking or strangling, deeply impacting how these cases are handled judicially.
The newly implemented legislation now defines choking or strangling as applying pressure to a person’s neck to an extent that could influence their breathing or blood flow to the head.
This refined definition departs from the earlier requirement that only considered restricted breathing, ignoring the potentially severe effects on blood circulation to the brain.
In cases where choking or strangulation in a domestic setting results in the victim losing consciousness, the perpetrator faces a heightened penalty. This new higher-penalty offence could lead to a sentence of up to ten years in jail if a conviction is secured, marking a significant escalation in the legal repercussions for such actions.
Attorney-General Kyam Maher elucidated the importance of these reforms, stating, “Strangulation or choking is widely recognised as a precursor to domestic homicide, which is why it is so important that we have clear, comprehensive laws that give prosecuting authorities the ability to act.” He highlighted the need for realistic evidence thresholds and definitive offence descriptions to adequately address this grave issue.
Minister Katrine Hildyard also commented on the broader implications of these reforms for community safety and legal clarity. “Our community is filled with anger, frustration and sorrow at the ongoing prevalence of domestic, family and sexual violence and our government is absolutely committed to tackling domestic, family and sexual violence in every way that we can,” she said. Hildyard emphasized that the changes provide crucial legal clarity and respond effectively to the risks associated with strangulation.
The introduction of these legislative revisions also aligns with broader state efforts, including the implementation of a Royal Commission, to eradicate domestic, family and sexual violence. The government’s multifaceted approach includes legislation, policy amendments, community education, and strategic investments.
These legislative advancements signal a robust commitment by the South Australian government to tackle domestic violence head-on, ensuring offenders face significant legal consequences, and survivors receive justice.
The societal impact of these legal changes is poised to be considerable, sending a powerful message of zero tolerance towards domestic violence and contributing to the safety and well-being of individuals across the community.
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