It is an offence for a person to choke, suffocate or strangle another person with whom they are, or have been, in a relationship with and without that person’s consent [Criminal Law Consolidation Act 1935 (SA) s 20A].
Maximum penalty: imprisonment for 7 years.
There is no requirement under the Act that harm be intended or caused by the action of choking, suffocation or strangulation.
The definition of in a relationship for the purposes of this offence is broader than an intimate relationship and incorporates family relationships such as that between a parent and child and between siblings.
Two people are in a relationship (or taken to have been in a relationship) with each other if:
See Criminal Law Consolidation Act 1935 (SA) s 20A(3).
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