Laura Buchan, legal director with the Crown Office, expressed grave concern over the prevalence of non-fatal strangulation (NFS) both during sex and as part of domestic abuse.

She spoke out after a landmark case in which a domestic abuser was found guilty of culpable homicide following his partner’s suicide.

Some 50 percent of women subjected to domestic abuse have experienced strangulation and victims of NFS are eight times more likely to be murdered by their partner.

Ms Buchan said: “It is deeply concerning to me – and all prosecutors – that the dangerous act of strangulation is increasingly prevalent. There is no ‘safe’ way to strangle anyone.

“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.”

Prosecutors have new instructions and training to ensure the signs of NFS are identified and charged appropriately. Ms Buchan emphasised that there is a presumption in favour of prosecution in these cases – whether NFS is claimed by an accused to be ‘consensual’ or part of ‘rough sex’.

She urged victims – who are predominantly women – to reject the perceived ‘normalisation’ of any form of strangulation and report any experience of this potentially fatal act.

“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 breath or shout for help which causes long term trauma.

“Strangulation is the second most common method of female murder in the UK, after a knife or sharp instrument, according to official statistics.

“Despite this serious risk to life and wellbeing, very often there is no external evidence. However, in Scots law, there is no need to prove injury or harm, only that the dangerous act was carried out intentionally.

“There is also no defence of ‘consent’ in Scots law, which recognises that a victim cannot consent to an assault. The portrayal of strangulation – often described as ‘breath-play’ or ‘gagging’ - in online pornography is believed to be prompting copycat behaviour and misplaced ‘normalisation’.

Dr Emma Forbes, procurator fiscal for domestic abuse, said: “Raising awareness of NFS is crucial because it is so dangerous. We all need to better understand the dangers but we especially need to protect those most at risk – young people and women.

“Victims should be reassured that COPFS prosecutors recognise this act in all its presentations. We see the trauma it causes and understand that it can be a warning of worsening abuse.

“In Scotland, groundbreaking domestic abuse legislation allows us to evidence a range of abusive behaviour over a period of time – not only one-off incidents. 

“This unique legislation – the Domestic Abuse (Scotland) Act 2018 – lets us capture the significance of all sorts of coercive and controlling behaviour, including NFS.”