‘Consent to rough sex is no longer a defence’: New law enters force in Northern Ireland to crack down on sexual strangulation

​The new law which enters force today in Northern Ireland is part of a crackdown on such behaviour, particularly when done in a sexual context.

This means that even if it happens as part of a consensual sex game, it is a crime.

It also includes putting someone in a headlock or smothering them.

The PSNI and feminist groups have hailed the new law.

It had been argued that whilst strangulation can potentially be fatal, its effects can be delayed, and it can leave no visible marks which prosecutors could point to.

Detective Superintendent Lindsay Fisher said “this new legislation means that if you do anything that does or could restrict someone’s breathing in any way you should be prepared to face a prison sentence for this offence alone”.

She added: “Non-fatal strangulation includes; any part of your body or another object such as a ligature like a scarf or belt, chokeholds or headlocks, hanging, drowning, or smothering…

“Often strangulation is glorified as a gratifying act for both parties in pornography and young people in particular are susceptible to thinking this could be a fun, ‘consensual’ act to spice things up.

"However, the reality is far from the case.

"Consent to rough sex is no longer a defence.”

The PSNI also said in a statement: “Over the last 10 years, from January 2013 to December 2022, seven people (six women and one man) in Northern Ireland were strangled to death.

"This is how quickly non-fatal strangulation can turn incredibly sinister and have fatal consequences…

"The PSNI has already trained 1,560 officers in using this new legislation and will be working in partnership with the PPS to train prosecuting judges and legal teams across Northern Ireland to better understand the severity of non-fatal strangulation.”

The news comes after Pamela McCreedy, the PSNI chief operating officer, said last week that the force was struggling to deal with existing crimes, and is in danger of becoming “less visible, less accessible and less responsive” due to shrinking budgets.

She had warned: "Last year we reduced officer headcount by 300 to 6,700, again this year a further reduction will take us to 6,300, and if this trajectory is maintained we will see the police service go to under 6,000 officers by March 2025.

"Serious crime and road deaths are increasing and the terrorist threat has recently been raised to severe, and police officers remain the primary target of that threat.

"Attendance times will deteriorate, non-emergency calls will take longer and investigations will slow down and intelligence gathering reduce…

"It will be unrecognisable from what people in NI have grown to expect and deserve."

In support of the law change, the PSNI quoted a victim of strangulation with the pseudonym of Alice.

She said: “When I was strangled the second time the noticeable increase in velocity and severity of the violence was the reason I reported it to the police.

“I was strangled the second time to the point where I blacked out, lost control of my bladder and bowels and honestly felt I was going to die.

“My face was covered in petechiae from reflecting the immense pressure with which I was strangled, and I was swollen and puffy and also black and blue from bruises and bites.

“While I was being strangled (and afterwards), all I could think about was my child finding my dead body.

“The very possibility of this situation being reality is something I think about every day. This has had a long lasting impact on not just me, but my entire family.

“Strangulation could end someone’s life. I’m pleased that the punishment now fits the crime in these cases.

“This legislation takes into consideration the total paralysing fear a victim will experience and how close they have come to death.

"Strangulation is a demonstration of control, not a loss of it.”