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The study, led by ���ϲ�����, found that misunderstandings about the nature of the crime led police and prosecutors to overly rely on visible external injuries as evidence, despite Crown Prosecution Service (CPS) guidance that these are not necessary to prove harm.

The research focuses on cases reported between June 2022 and October 2023, the period immediately after the offence came into force under the Domestic Abuse Act 2021.

The findings are detailed in a new report “Project Desdemona - Exploring factors impacting non-fatal strangulation case progression in England and Wales: A report for policy-makers and practitioners.” This was funded by the Home Office and delivered in partnership with the Institute for Addressing Strangulation (IFAS) and the domestic abuse charity SafeLives.

NFS is often an act of domestic abuse or sexual assault, where an abuser cuts off their victim’s breathing or blood flow by applying pressure to the neck. It is a gendered crime, most often committed by men against women in intimate relationships, and can result in long-term health and psychological effects in victims. These include brain injury, stroke, seizures, miscarriage and PTSD. Strangulation requires little force, with external injury visible in fewer than 50% of cases and absent from 40% of fatal strangulations, according to previous studies.

Previous research shows that around 10% of women experience NFS, rising to up to two-thirds for those who report ongoing domestic abuse. In cases of rape, 19% of women previously reported having experienced NFS as part of the abuse.

To investigate how the new criminal offence of NFS is being brought into force, ���ϲ����� researchers analysed data on 650 NFS cases within one police force and conducted 19 interviews with staff from two police forces and the CPS. Of all cases examined, 492 had an outcome.

The researchers approached four police forces for data. Only one was able to participate in the data review. CPS data management systems meant the service was unable to provide any data for analysis by the researchers.

Although the prosecutors and staff interviewed showed willingness and passion to support victims and implement the law, the report found that only 20% of police cases resulted in a formal NFS charge. In another 7% of cases, other charges were brought, which could have been more or less serious than NFS.

The report highlights a series of systemic barriers across the police and CPS, which may lead to missed opportunities for justice:

• There was widespread confusion about the definition of NFS: The legislation itself does not clearly define what counts as “strangulation”, which limits how detailed or precise that guidance can be for prosecutors and judges. Interviewees had different levels of understanding about the act of strangulation and whether it includes blocking the airways and blood vessels. They also mentioned ambiguity in how the new offence was to be applied.
• The wrong kind of evidence was used in cases: Misunderstanding the nature of NFS led to an over-reliance on visible external injuries, despite CPS guidance that they are not necessary to prove harm. This resulted in fewer charges where visible injuries were absent. 52% of cases presented with no injuries and 15% of cases that were not referred to the CPS for a charging decision had difficulties with evidence.
• 45% of cases with an outcome did not progress because the victim could not or would not support prosecution: Emphasis was placed on victims actively supporting the progression of their case, rather than processes being developed to help victims to remain engaged.
• Criminal justice data management systems did not work together: CPS and police systems did not ‘talk to each other’, so cases could not be followed and evaluated from first report to court outcome.

The researchers recommend better integration of criminal justice data systems to allow NFS cases to be investigated, tracked, and improved, with effective practices shared across police forces.  They also urge for greater clarity on how NFS is defined in police and CPS guidance as well as the Crown Court Compendium, and highlight the need for appropriate training for police, CPS, and the judiciary on the required evidence and the possible signs and symptoms. 

Lead author, Dr Shreyasi Desai, Lecturer at ���ϲ�����, said, “While the law on non-fatal strangulation is a step in the right direction, it is not being used consistently. In many cases, whether a case moves forward depends on the goodwill of individual officers rather than proper training or clear procedures. Poor data collection during cases makes it hard to know how well the law is working, suggesting there’s little internal monitoring of how it’s actually being put into practice. Victims are expected to stay engaged in their case and appear credible, even while potentially navigating complex domestic situations that leave them vulnerable to further abuse. We need to better understand why they withdraw.

“Changing the law was an important step for victims. But it’s now clear that guidance, joined-up systems, and proper training are urgently needed so that police and CPS prosecutors can work together with other partners to support NFS victims and ensure the law delivers justice in practice.”

The findings from the ���ϲ�����-led report echo those of Operation Soteria, the Home Office review into rape investigations, which also identified several systemic barriers to justice for victims.

The report’s co-author, Dr Helen Bichard, Honorary Research Fellow at ���ϲ����� and Principal Clinical Psychologist at the North Wales Brain Injury Service, last previous ���ϲ����� research revealing the impact of NFS on the brain, and helped shape the law introducing the offence. 

She said, “Encouragingly, the police are taking non-fatal strangulation seriously and supporting victims. They’re using the offence and people are being charged, but staff we spoke to are faced with a system that’s still catching up with the law. Overall, there remains a lack of understanding about just how serious and complex this form of abuse is for victims, and the potential for life-changing brain injury as well as profound psychological harm. This means it’s still being treated like common assault, with police seemingly looking for cuts and bruises, and an absence of medical expertise.”

Commenting on the report’s findings, Bernie Ryan, CEO at IFAS, said, “We welcome the ���ϲ�����-led research into the enforcement of the non-fatal strangulation offence. The findings underline the complexity of implementing new legislation and the need for clear guidance, robust data systems, and specialist training.”

“Since the offence was introduced in the Domestic Abuse Act 2021, the Institute for Addressing Strangulation (IFAS) has worked with police, prosecutors, and health professionals to develop training, share best practice, and improve understanding of the serious physical and psychological impacts of strangulation. We remain committed to supporting partners in strengthening processes, improving victim engagement, and ensuring this law delivers justice for survivors.”

Latest CPS figures show that in 2024-25, 8,545 people were charged with NFS, compared to 1,483 in 2022–23. Newer guidance on NFS is now in place and the CPS’ Violence Against Women and Girls strategy emphasises the importance of addressing NFS.