Easy read consultation 1 on ways to protect women and girls – non fatal strangulation

Consultation 1 about ways to protect women and girls: Choking and suffocation - Easy Read version

About this document

This is an Easy Read document.

It is a consultation.

A consultation is a set of questions that the Scottish Government asks everyone to find out what they think about important issues.

We want to know what you think about ways to protect women and girls.

We would like your views on 5 different topics.

Some of these topics include possible changes to the law.

This document is about non fatal strangulation that is done by someone to another person on purpose.

In this document non fatal strangulation means putting pressure on someone’s neck so that they cannot breathe for a while.

What the law says at the moment

Non fatal strangulation is very dangerous.

It is illegal.

This means it is against the law.

In Scotland, non fatal strangulation is seen by law as an assault.

Assault means an attack on a victim.

In Scotland someone can be sent to prison for a long time if they are found guilty of non fatal strangulation.

Because it is seen as an assault, no one can say that the victim agreed to be strangled.

Agreeing is also called consent.

In Scotland consent cannot be given as a reason why an attacker is not guilty.

In England and Wales non fatal strangulation is a separate offence.

Consent can be used as a reason why someone is not guilty.

The longest they can be sent to prison for is 5 years.

This is less than in Scotland.

Some people think that Scotland should have the same law that treats non fatal strangulation as a separate offence.

They say that if Scotland has the same law as England and Wales:

• it will protect women and girls better
• it will make more people know about the risks

What we want to happen

We think that women and girls are best protected by the law as it is at the moment.

We are worried that making non fatal strangulation a separate offence might actually protect women and girls less.

We want to focus on:

• getting more people to know how dangerous choking and suffocating are

  

• getting more people to know it is illegal

  

• getting clearer information recorded by organisations like:
  • police
  • courts
  • Scottish Government

Our questions

1. Do you agree with us that the law at the moment gives strong protection against non fatal strangulation?

2. Do you think that there should be better records of crimes with non fatal strangulation?

3. How can we make more people understand how dangerous non fatal strangulation is?

How to answer

Thank you for reading this consultation.

You can put your answers in an answer form called the Respondent Information Form.

Find the Easy Read Respondent Information Form here.

When your answers are in the Respondent Information Form you can send it to us by email or post.

If you need help to send us your answers you can email protectionsforwomenandgirls@gov.scot

Our other consultations

We have 4 other consultations about ways to protect women and girls.

They are about:

• non harassment orders

Find the non harassment orders Easy Read questions here.

• spiking, which is when someone is given alcohol or drugs without agreeing

Find the spiking Easy Read questions here.

• making sure that crimes against pregnant women are seen as very serious

Find the crimes against pregnant women Easy Read questions here.

• online harm, including using technology to make intimate images

Find the online harm Easy Read questions here.