John Swinney: Scottish Government will consider calls for choking law

The Scottish Government is to consider making non-fatal strangulation a criminal offence, First Minister John Swinney has confirmed.

Scotland is currently the only part of the UK in which choking is not a specific crime.

Any cases can be prosecuted under the crime of assault, which carries a potential sentence of life imprisonment.

However, that may change as Scottish ministers consider changes that would bring the country into line with the rest of the UK.

At First Minister's Questions, Falkirk East MSP Michelle Thomson highlighted the link between strangulation and stroke and raised the case of Emily Drouet.

The student was choked and slapped by her former boyfriend Angus Milligan before taking her own life and her mother Fiona Drouet now campaigns against gender-based abuse.

Thomson said: "Non-fatal strangulation is a known, serious and growing problem. Thirty-five per cent of women between the ages of 16 to 34 have experience of it and each year that passes sees more violence, strokes and deaths. It's clear that the common law route is not working and indeed, as Fiona Drouet who lost her daughter says, we know you're eight times more likely to be murdered by the person that has strangled you. 

"We cannot ignore that. We can't treat it like common assault because it's far more complicated, far more complex and far more dangerous.

"A defense of so-called rough sex is being used and accepted by courts. This resonates with 'she asked for it', a misogynistic myth that's taken years to overturn. So, First Minister, doing nothing more is not an option. Proper data collection via criminal health routes is required, an awareness programme is required, and a clearer prosecution route is required."

Swinney said common assault is a "serious offence", but added that "the government will explore the question of the appropriateness of a stand alone offence".

However, he told the chamber that a new offence would only be created if ministers were confident of "a gap in the law". He said: "We will be giving this proposal serious consideration."

Swinney went on: "There is one other thing that needs to change, and that's the behaviour of boys and men. 

"I take deadly seriously my responsibility as a male first minister of Scotland to make it absolutely clear that the behaviour of boys and men is integral, it is central, to the experiences of women in our society.

"We will look at all of the measures we need to take in terms of criminal offences, but I will lead from the front a campaign to say to boys and men in Scotland that their behaviour has got to improve."

Conservative MSP Tess White raised commentary from Professor Cath White of the Institute for Addressing Strangulation, who said that strangulation can cause unconsciousness within six to eight seconds and brain death within four minutes.

Claire Baker of Labour said non-fatal strangulation during consensual sex "has become increasingly common to the extent it has been normalised".

Swinney said work had be done to "make people aware of the risks of this practice".