Sunday 13 October 2024
Joy’s Law to better protect Victorian women – finally
After years of delay by the Labor Government, changes to the law to better protect Victorian women from non-fatal strangulation take effect today.
Joy’s Law – named after Joy Rowley, whose family fought for these changes following her murder by a former partner, who had also strangled her to a state of unconsciousness in a brutal attack in her own home eight months prior to her death – creates two new offences.
One offence applies where a person without lawful excuse chokes, strangles or suffocates another person who is a family member.
A separate offence with a higher penalty applies where a person intentionally and without lawful excuse chokes, strangles or suffocates another person who is a family member.
These offences come into effect more than six years after the Coroner recommended the introduction of standalone strangulation offences in the findings into Joy Rowley’s death.
“The introduction of a stand-alone offence for strangulation, suffocation or choking in Victoria may significantly help to ensure strangulation is treated commensurate with the risk it poses to victims, and remove the need to prove particular bodily harm or intent to cause injury. Such an offence will more effectively hold perpetrators to account for serious offending. Further, the new offence may build further awareness of the dangers and potential lethality of strangulation among police members, courts and community services practitioners.”
(State Coroner, Judge Sara Hinchey, 31 July 2018)
Why it has taken the Labor Government more than six years to act on a key Coronial recommendation to better protect Victorian women is a question that remains unanswered.
Shadow Attorney-General, Michael O’Brien, said: “As Joy’s Law takes effect, I acknowledge the tireless advocacy of Joy Rowley’s family in changing Victorian law to honour her.
“To Joy’s children Renee Woolridge, Aaron Woolridge and Nadine Power (nee Woolridge) and to Joy’s former husband Les, I thank you on behalf of Victorians for your steadfast campaigning to bring about this important legislative change.
“As a consequence, Joy’s Law will better protect all Victorian women. This will make a real difference and is a fitting tribute to Joy Rowley.”
Shadow Minister for Women and the Prevention of Family Violence, Cindy McLeish, said: “Research shows that abusers who strangle their partner are almost eight times more likely to end up killing them, and more than 65 per cent of domestic abusive victims experience near-fatal choking.
“Joy’s Law will finally address this gap in the law and will help protect Victorian women who are vulnerable to domestic violence.”