John Swinney has said the Scottish government will give “serious consideration” for non-fatal strangulation to be made a standalone offence.
The first minister described it as an “abhorrent act” but noted it already carries maximum penalties of up to life in prison under the common law of assault.
Fiona Drouet, whose 18-year-old daughter Emily took her own life in 2016 following weeks of abuse by her then boyfriend, including being choked and slapped, has launched a petition calling for non-fatal strangulation (NFS) to be made a specific offence.
Scotland is the only country in the UK that is yet to introduce specific legislation to address it.
Mr Swinney was urged to consider the petition at First Minister’s Question’s by SNP MSP Michelle Thomson, who said NFS is a “known, serious and growing problem”.
Ms Thomson cited an Institute for Addressing Strangulation (IFAS) survey, which found 35% of male and female respondents aged between 16 and 34 had experience of being strangled or choked at least once during consensual sex.
MSP Michelle Thomson. Pic: PA
She said: “And each year that passes sees more violence, strokes and deaths. It’s clear that the common law route is not working.
“We can’t treat it like common assault because it’s far more complicated, far more complex, and far more dangerous.”
The MSP for Falkirk East said “doing nothing more is not an option” as she called for better data collection on NFS, an awareness programme and a clearer prosecution route.
Tess White, Scottish Tory MSP for North East Scotland, said NFS can lead to the loss of consciousness within six to eight seconds, the bladder can become incontinent after 15 seconds, and the bowels after 30 seconds.
She added a person could be “brain dead within four minutes”.
Mr Swinney, who has met with Ms Drouet to discuss her petition, said ministers “constantly keep the law under review”.
He added: “If there was to be a standalone offence put in place, we would need to be confident there is a gap in the law, and we will be giving this proposal serious consideration.”
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Mr Swinney also pledged to “lead from the front” in a campaign to tackle the abuse of woman and girls by improving male behaviour.
He said: “There is one other thing that needs to change – 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.
“So, 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.”
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