The act of applying pressure to a person’s neck is a particularly serious and dangerous form of violence. Within the context of family violence, this act represents a chilling exploitation of physical power and is a strong indicator of escalating violence and future serious harm and death.
Two new non-fatal strangulation offences will commence on 13 October 2024, criminalising choking, strangling, or suffocating a family member. Join internationally recognised expert Professor Heather Douglas AM to discuss the dangers of non-fatal strangulation and examine the legal response.
This session will explore:
- The two new Crimes Act offences (sections 34AD and 34AE) created by the Crimes Amendment (Non-fatal Strangulation) Act 2023 (Vic)
- The signs, symptoms, risks and harms of strangulation
- How non-fatal strangulation offences have operated in other jurisdictions
- Strangulation during sexual activity and the issue of consent as a defence.
Note: This program is open to judicial officers only.
Chair.
County Court of Victoria
Judge Kate Hawkins AM
Judge Kate Hawkins AM was appointed as a Judge of the County Court of Victoria in 2021. Judge Hawkins had previously been a Magistrate since 2001 where she held positions as Supervising Magistrate of the Industrial Division; Supervising Magistrate of the Family Violence and Family Law jurisdiction; and was an inaugural member of the Online Magistrates’ Court established during the COVID-19 pandemic. Prior to her appointment as a Magistrate, Judge Hawkins was a partner of a major law firm. In 2023 Her Honour was awarded an Order of Australia in the General Division (AM) for significant service to the law and to judicial education.
County Court of Victoria
Judge Kate Hawkins AM
Judge Kate Hawkins AM was appointed as a Judge of the County Court of Victoria in 2021. Judge Hawkins had previously been a Magistrate since 2001 where she held positions as Supervising Magistrate of the Industrial Division; Supervising Magistrate of the Family Violence and Family Law jurisdiction; and was an inaugural member of the Online Magistrates’ Court established during the COVID-19 pandemic. Prior to her appointment as a Magistrate, Judge Hawkins was a partner of a major law firm. In 2023 Her Honour was awarded an Order of Australia in the General Division (AM) for significant service to the law and to judicial education.
Speaker.
The University of Melbourne
Professor Heather Douglas AM
Professor Heather Douglas joined Melbourne Law School in 2021 and teaches and researches in the area of criminal law and procedure. Her expertise on legal responses to domestic and family violence is internationally recognised and she co-ordinates the National Domestic and Family Violence Bench Book. Heather is currently working on an Australian Research Council funded research project exploring the application of non-fatal strangulation offences. She was an Australian Research Council Future Fellow from 2015-2019 and her project explored women’s engagements with the legal system as part of their response to domestic and family violence. Her book, Women, Intimate Partner Violence and the Law, published by Oxford University Press in 2021, was awarded the 2021 Law and Society Association of Australia and New Zealand (LSAANZ) book prize. She is a member of the Melbourne Alliance to End Violence Against Women and Their Children (MAEVe). In 2022 Heather was awarded an Order of Australia in the General Division (AM) for her service to tertiary law education, and the community. Heather is an elected Fellow of the Academy of Social Sciences in Australia and the Australian Academy of Law. Previously she was a Professor at the University of Queensland, School of Law. Heather has held visiting fellowships at Humboldt University, Faculty of Law (2018); Durham University, Institute of Advanced Studies (2016) and Oxford University, Centre for Socio-Legal Studies (2004).
The University of Melbourne
Professor Heather Douglas AM
Professor Heather Douglas joined Melbourne Law School in 2021 and teaches and researches in the area of criminal law and procedure. Her expertise on legal responses to domestic and family violence is internationally recognised and she co-ordinates the National Domestic and Family Violence Bench Book. Heather is currently working on an Australian Research Council funded research project exploring the application of non-fatal strangulation offences. She was an Australian Research Council Future Fellow from 2015-2019 and her project explored women’s engagements with the legal system as part of their response to domestic and family violence. Her book, Women, Intimate Partner Violence and the Law, published by Oxford University Press in 2021, was awarded the 2021 Law and Society Association of Australia and New Zealand (LSAANZ) book prize. She is a member of the Melbourne Alliance to End Violence Against Women and Their Children (MAEVe). In 2022 Heather was awarded an Order of Australia in the General Division (AM) for her service to tertiary law education, and the community. Heather is an elected Fellow of the Academy of Social Sciences in Australia and the Australian Academy of Law. Previously she was a Professor at the University of Queensland, School of Law. Heather has held visiting fellowships at Humboldt University, Faculty of Law (2018); Durham University, Institute of Advanced Studies (2016) and Oxford University, Centre for Socio-Legal Studies (2004).