Prosecuting strangulation offences: understanding complainant withdrawal using a social entrapment lens

Abstract

ABSTRACT In many countries, one of the central challenges to the successful prosecution of domestic violence offences is the complainant’s disengagement from the prosecution process. Withdrawal is particularly likely in cases of serious domestic violence with limited physical evidence, such as strangulation. Recently countries including England and Wales and Australian jurisdictions have introduced discrete offences of strangulation, a behaviour commonly associated with domestic violence and coercive control, that is extremely risky and dangerous. In this paper, we aim to build on our understanding of complainant withdrawal in strangulation cases. Drawing on a sample of strangulation offence prosecution casefiles in Queensland, Australia we examine five casefiles using a social entrapment lens. We argue that using this lens improves understanding of the factual context in which complainants withdraw their support for prosecution and may have implications for prosecution practice.