MSPs hear evidence amid call to make non-fatal strangulation a standalone offence in Scotland
Fiona Drouet's daughter Emily was just 18 years old when she took her own life several days after being choked and slapped by Angus Milligan.
The teenager was studying law at the University of Aberdeen when she died in 2016.
The following year, Milligan received a Community Payback Order (CPO) with unpaid work and supervision after pleading guilty to assault and behaving in a threatening or abusive manner.
Following her daughter's death, Ms Drouet founded EmilyTest - a charity that aims to tackle gender-based violence in universities and colleges - and has lodged a petition to make non-fatal strangulation (NFS) a standalone criminal offence.
NFS laws have already been introduced in England, Wales, and Northern Ireland.
Although it is not a standalone offence in Scotland, there is no gap in the law and it is prosecuted under a range of offences.
Campaigners say that does not go far enough and believe making it a standalone offence would act as a greater deterrent and lead to more accurate data on the number of incidents reported.
Police Scotland and the Crown Office and Procurator Fiscal Service (COPFS) agree that NFS is a "red flag" indicator for domestic homicide, but are concerned that a change could dilute current laws already in place.
In its 2025-26 Programme for Government, the Scottish government pledge to carry out a comprehensive assessment of the law in relation to NFS to determine if further action is required beyond the existing provisions.
Holyrood's Criminal Justice Committee took evidence on NFS on Wednesday.
Ms Drouet told the MSPs the harms of NFS are "significant" and could lead to brain damage, organ failure, and potentially death.
Describing the psychological impact, she said: "It's like a near-death experience.
"And somebody, when they have the oxygen to their brain restricted, they are going to have an automatic response of fighting - literally fighting for their life."
Ms Drouet described NFS as "hugely traumatic".
She added: "It's the ultimate act of control. And you know that whether you live or die is down to that perpetrator."
Ms Drouet highlighted text messages sent by Emily to her friends, which said she feared she was "going to die" when being strangled.
In another message, the teenager wrote: "I am so scared that I think I want to die."
Ms Drouet said: "Members will know that my daughter is no longer with us after being subjected to horrendous abuse.
"And it impacts us all really heavily knowing that she was subjected to these harms and these fears."
Ms Drouet believes NFS is an "exceptionally serious crime that merits a law in itself".
She added: "I'm worried that any other approach minimises the severity and risk of the crime and doesn't give victims, survivors, the justice that they absolutely deserve."
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Police Scotland has raised concerns that dealing with NFS in isolation or presenting it to court as a single incident "could minimise opportunities" to build a case under the Domestic Abuse (Scotland) Act 2018.
The force has suggested implementing a specific aggravating factor in existing offences.
Dr Emma Forbes, the national lead for domestic abuse at COPFS, agreed NFS can lead to "lethal consequences".
In an earlier written submission, she noted: "Scots law currently criminalises non-fatal strangulation and there is not a gap in the law that was present in the other identified jurisdictions to necessitate a standalone offence of non-fatal strangulation.
"Scotland does not need to replicate other jurisdictions in creating a standalone offence to 'keep pace'; rather, it should reflect the fact that other jurisdictions are catching up with the Scottish approach.
"This is not a rationale to stand still and there remains significant work to ensure an effective and robust criminal justice response to non-fatal strangulation."
Dr Forbes agreed that the normalisation of NFS - particularly within sexual relationships - "needs to be addressed".
She said creating a standalone offence would "send a strong message" and achieve greater public awareness "swiftly and effectively", but added: "However, at the same time, it risks a dilution of the currently robust law in Scotland and has the potential to lead to increased reporting but less convictions."
Giving evidence to the Holyrood committee, Dr Forbes said more could be done to raise awareness of NFS and agreed there were "compelling reasons" to create a standalone offence.
She added: "This is a public harm, but we have a very strong foundation in our law in Scotland and I would worry about the unintended consequences of a specific offence, not least because it would be more difficult evidentially to prove."
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