Non-fatal strangulation on the rise in Scotland, prosecutors warn

The dangerous act of non-fatal strangulation is on the rise, a top Scottish prosecutor has warned.

Laura Buchan, legal director with the Crown Office and Procurator Fiscal Service (COPFS) said the behaviour was becoming more common in both sexual activity and in domestic abuse cases.

Buchan spoke out after a landmark case against Lee Milne, 40, who was sentenced to eight years in prison after being convicted of killing his wife Kimberly when she jumped to her death from a bridge following an 18 month abusive campaign.

The trial heard how 28-year-old had sent a text message detailing how Milne had strangled her to the point of unconsciousness in the weeks leading up to her death.

Strangulation is the second most common method for women to be murdered in the UK, after using a knife or other sharp weapon according to the COPFS.

Scotland is the only country in the UK that does not have specific legislation to address non-fatal strangulation (NFS), after England and Wales made it a crime in 2022, followed by Northern Ireland in 2023.

First Minister John Swinney said in December 2024 that he would consider introducing such legislation if there was found to be a gap in the existing law but no change was introduced in the last parliament.

Buchan said it was "deeply concerning" that the "dangerous" act was becoming increasingly prevalent.

She said: "In gripping, choking or strangling, hands are effectively being used as weapons and lives are endangered.

"We know it takes very little pressure to stop someone taking their next breath. This is an extreme and distressing form of control.

"Strangulation, in whatever circumstances it occurs, is an act that is both physically life-threatening and deeply traumatising. We are determined to tackle it."

She urged victims - who are predominantly women - to reject the perceived "normalisation" of NFS and report cases to police.

"Deliberately choking a victim or sexual partner can quickly cause stroke, heart attack, internal injuries or death, as well as the terror of being unable to breathe or shout for help, which causes long-term trauma."

The conviction of Lee Milne was the first case of its kind in Scotland.

The court heard that Milne repeatedly restrained Kimberly, dragged her around, locked her in their flat without food or money, violently assaulted her and strangled her.

The prosecution was able to convince the jury that his physical and psychological abuse of his wife had significantly contributed to her decision to take her own life, making him criminally culpable.

Emma Forbes, Scotland's procurator fiscal for domestic abuse, said raising awareness of NFS was crucial because it was so dangerous.

"We all need to better understand the dangers, but we especially need to protect those most at risk - young people and women," she said.

Speaking directly to victims, Forbes said: "If you are worried, please report. You will be believed and we will treat reports very seriously."

The organisation Assist, which supports domestic abuse victims through the criminal justice process, said around half of victims report being subjected to strangulation to "exert control over them".

Fiona McMullen, the charity's operational manager said it was one of the most "terrifying" methods of domestic abuse as victims don't know if they will survive it.

She said: "Around 50% of our clients tell us this has happened to them during a relationship or post-separation. They describe it as used to exert control over them.

"The impact on physical and mental health is significant, including the risk of stroke, brain injury, depression, PTSD and suicide.

"This impact is often underestimated, particularly if there are no visible injuries.

"Many younger clients tell us that NFS is normalised not only as part of a sexual relationship but as part of physical abuse and coercive control.

"We also know NFS is a risk marker for domestic homicide."

You can find support for issues outlined in this article here.