Non-fatal strangulation laws, introduced in June 2022, apply to cases where an assailant intentionally strangles or suffocates a victim.
New laws will apply to abusers, specifically in cases of domestic abuse where partners attempt to control or frighten their partners by affecting the victim’s ability to breathe (gov.uk, June 2022).
In a recent court case, Benjamin Flatters has been the first person sent to prison under the amendment of the Serious Crime Act 2015. Flatters strangled the victim for five minutes until she was able to escape and call for help, after which he proceeded to threaten to burn down her house in attempt to stop her notifying the police. Flatters had previously been in prison for other acts of violence including throwing a glass at two women.
This new legislation was described as ‘life-changing’ by Lincolnshire Police, the force that dealt with the matter, and provides protection to those in situations where they could feel threatened or coerced. The Section was added to the Act following an abuser suffocating the victim with a pillow after being released from prison on the condition that he stay away from her.
The CICA compensate victims of violent crimes, which can also be defined as ‘a threat against the person’ (Annex B). Speak with our team to see if you are eligible to make a claim.
How long do CICA claims take to conclude?
The CICA advises that, from the date that they receive an application, they aim to take around twelve-eighteen months to make their initial decision on a claim. This timescale can vary depending on the circumstances of the assault, the severity of injuries, and the complexity of the overall claim.
Further reading
Physical Assault Claims – Oakwood Solicitors Ltd
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Ella McCarthy joined Oakwood Solicitors in March 2022 in the Vetting team before quickly progressing onto the role of Paralegal in the Criminal Injury Department.
Currently, Ella works in the Emplo…
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