Up to 14 Years Jail for Restricting Someone's Breathing or Blood Circulation; Judges Must Tell Juries That Trauma Affects Victims Differently
Criminal Code (Non-fatal Strangulation) and Other Legislation Amendment Bill 2026
Topics
court procedures criminal justice criminal penalties domestic violence public safety sentencing
Introduced by: Meaghan Scanlon MP (ALP)
Links to official parliament websites
Effects of this bill
If this bill passes, it means that:
It is now a crime to unlawfully restrict another person's breathing or blood circulation. This carries a maximum penalty of 7 years jail.
If a person completely or partially restricts another person's breathing or blood circulation, they face a higher maximum penalty of 14 years jail.
These strangulation crimes apply to people in relationships involving coercion and control. If the act happens in a sexual context without consent, it is also a crime.
A person charged with these crimes cannot use the legal defences of provocation, preventing a repeat insult, or domestic discipline.
A person can be acquitted if the act was part of a consented sexual act or a socially acceptable activity, such as a sporting event.
If a defendant claims they honestly believed the other person consented, that belief is not reasonable if they did not try to check if the person actually consented. Voluntary intoxication cannot be used to support this claim.
Courts must treat strangulation as an aggravating factor when sentencing someone for other crimes, unless the person is already being sentenced for a strangulation crime or a crime that caused death or grievous bodily harm.
Convictions for these crimes must be specifically recorded as 'non-fatal strangulation' in a person's criminal history.
The legal definition of 'bodily harm' now includes completely or partially restricting a person's breathing or blood circulation.
Judges must tell juries that trauma affects people differently. This includes explaining that victims may not remember all details consistently or may not show obvious emotion when testifying, and that this does not mean they are lying.
Judges can tell juries that a person can suffer a restriction of breathing or blood circulation without showing any physical injuries, and that a lack of injury does not mean the victim is lying.
If a victim suffers relevant harm, the court can use that harm as evidence that the act was not consented to.
The Magistrates Court can now sentence people who plead guilty to these strangulation crimes, which allows for faster processing than using a higher court.