‘Joy’s Law’ on non-fatal strangulation debated

In 2011 Rye woman Joy Rowley was smothered to death in her home by a former partner. He was sentenced to 19 years in jail in 2012. 

But the signs that he was a danger to her were apparent much earlier. Eight months before the fatal assault he had strangled her to the point of unconsciousness, an incident she had reported to police. 

Now a bill to create two new stand-alone non-fatal strangulation offences will go to the Legislative Council for consideration after being passed by the Legislative Assembly.  

During the debate a number of MPs said they wanted the laws to be known as ‘Joy’s Law’ in recognition of her death and of the advocacy of her family for laws to better address intimate partner violence.

“ During that inquest Victoria Police, quite rightly, apologised to Joy’s family for the mistakes that were made. ”

Michael O'Brien, Member for Malvern

Member for Malvern, Michael O’Brien paid tribute to Joy Rowley’s family. 

‘It was through the efforts, through the continual campaigning and advocacy … that eventually a full coronial inquest was ordered,’ he said.  

'During that inquest Victoria Police, quite rightly, apologised to Joy’s family for the mistakes that were made,’ he added. 

Member for Sydenham and Minister for Women Natalie Hutchins spoke about the nearly 50 women who have died in a family violence incident so far this year. 

‘That is one woman or child per week that has been murdered due to family violence. We want to ensure that all Victorians live in a safe, fair and equal state,’ she said.   

The Crimes Amendment (Non-fatal Strangulation) Bill 2023 will create two offences.

“ I am absolutely aghast to learn from the most recent statistics that Latrobe City and the East Gippsland and Wellington shires were all in the top four for family violence in Victoria. ”

Danny O'Brien, Member for Gippsland South

First, an offence of intentional non-fatal strangulation, which does not require proof of injury and will carry a maximum five-year prison term.  

A second more serious offence of non-fatal strangulation, where a perpetrator intentionally causes injury, will be created with a maximum penalty of 10 years. 

Women who survive a non-fatal strangulation are more than seven times more likely to be killed by their partner in the future, according to research undertaken by the government of South Australia.

In his second reading speech, Anthony Carbines, Minister for Crime Prevention and Member for Ivanhoe said the laws will bring Victoria in line with most states and territories in Australia who have enacted stand-alone non-fatal strangulation offences. 

He said the law would capture a broad range of conduct. 

‘Some Australian jurisdictions that have stand-alone offences have seen courts narrowly interpret the terms ‘choke, strangle or suffocate’ where these terms are not clearly defined. These narrow interpretations have imposed inappropriately high evidentiary burdens on the prosecution and may serve to further traumatise victim-survivors. The broad definition used in this bill aims to avoid this issue,’ he said. 

Member for Gippsland South Danny O’Brien in his speech described family violence as a ‘scourge on our society’.

“ What can start as a threat can quickly become a fatal form of violence. ”

Vicki Ward, Member for Eltham

‘I am a very, very proud Gippslander. I am proud to live where I do. I am proud of what we produce. I am proud of what our people do. But I am absolutely aghast to learn from the most recent statistics that Latrobe City and the East Gippsland and Wellington shires were all in the top four for family violence in Victoria,’ he said. 

Member for Eltham and Minister for Prevention of Family Violence Vicki Ward in her speech told the Legislative Assembly that strangulation ‘can cause unconsciousness within seconds, and it can cause death within minutes. What can start as a threat can quickly become a fatal form of violence’. 

‘This bill at its core is about ensuring that there are more opportunities to prevent and de-escalate family violence situations, such as where non-fatal strangulation is being used to control, threaten, scare or intimidate, because that is what it is – it is about intimidation, it is about control, it is about power,’ she said. 

Member for Berwick and Shadow Minister for Crime Prevention and Victim Support Brad Battin said in his speech that police attitudes to domestic violence have changed over time. 

'My grandfather was very violent. This has had an impact that still goes through our family today. This was back in the day when an assault would happen to my grandmother and the police would turn up, but they would not defend her. They would tell her to get back inside,’ he said. 

Member for Lara Ella George spoke about a Monash University study that found that strangulation is a leading cause of death among women killed by a current or former male intimate partner. 

‘In Australia over the last 10 years an act of strangulation or suffocation has been cited as the cause of death of 14 to 16 per cent of male-perpetrated intimate partner homicides,’ she said. 

The legislation is the subject of a bill brief prepared by the Parliamentary Library. 

You can read more contributions to the debate in Hansard from November 14 and November 15.

 

If you or anyone you know needs support, please call:

The national domestic, family and sexual violence counselling service: 1800RESPECT (1800 737 732)

Lifeline: 13 11 14

Aboriginal and Torres Strait Islander crisis support line: 13YARN (13 92 76)

No to Violence—Men’s Referral Service: 1300 766 491.