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Scotland Considers Standalone Law for Non-Fatal Strangulation

First Minister John Swinney pledges to review the need for specific legislation to address non-fatal strangulation, citing its severe physical and psychological impacts.

  • Non-fatal strangulation (NFS) is currently prosecuted under common assault law in Scotland, which carries a maximum penalty of life imprisonment.
  • Scotland remains the only UK nation without a standalone law addressing NFS, following legislative changes in England, Wales, and Northern Ireland in recent years.
  • First Minister John Swinney has committed to evaluating whether a legal gap exists that warrants a specific NFS offence, responding to calls from campaigners and MSPs.
  • Advocates argue that NFS is a growing issue with severe consequences, including heightened risks of violence and death, and that current legal frameworks fail to address its complexity.
  • Calls for reform include better data collection, public awareness campaigns, and the removal of the 'rough sex' defence, which critics say perpetuates harmful myths about consent.
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