Blog Hero Image

Archives for October 2014

Strangulation Is Most Lethal Form of Domestic Violence

Strangulation is the ultimate form of power and control — where abusers control the victim’s next breath.

And it is also the best predictor of future homicide of victims of domestic violence, police and victim advocates say.
Legislation this year for the first time makes strangulation a crime in Massachusetts — a long-sought change among police, prosecutors and victim advocates.

The law established an offense for strangulation and suffocation and establishes a penalty of up to five years in state prison, up to 2½ years in a house of correction, by a fine of up to $5,000 or by both a fine and imprisonment.

Aggravated strangulation/suffocation carries a penalty of imprisonment in state prison no more than 10 years or in a house of correction no more than 2½ years and a fine of no more than $10,000.

Aggravated strangulation is charged when there is serious bodily injury or the defendant knows the victim is pregnant, it’s a second or subsequent offense or the defendant knows the victim has an outstanding abuse prevention order.

Years of frustration

Until this law, if an abuser strangled another person, the prosecutor could only charge them with attempted murder — or simple assault and battery. Attempted murder, which carries a much heavier penalty, requires proof of a specific intent to kill — a difficult threshold to meet in many domestic violence cases where offenders intend to torture and control, but not actually kill.

“The strangulation piece was so overdue,” said Greenfield Deputy Police Chief Mark Williams. “I’ve been in law enforcement for 20 years. The fact that I could in many incidents only charge someone with assault and battery … that to me was appalling.

“It’s such a high-level indicator of abuse and lethality,” Williams added. “I don’t know how many reports I took where strangulation was involved. It was enough.”

“Strangulation in my mind is attempted murder but you can’t prove it,” said Greenfield Sgt. David Rice. “I had a case where the husband had his wife 6 inches off the ground. We charged him with attempted murder, but he didn’t get it.

“This gives us new tools. This is definitely an improvement.”
More strangulation?

In recent years, the District Attorney’s Office has noticed an increase in the number of strangulation cases.

Between 2009 and 2011, there were 176 reports of strangulation within Franklin, Hampshire and the North Quabbin region, according to the Northwestern District Attorney’s Office. But that only includes reported cases.

“We know there’s more,” said Mary Kociela, of the DA’s domestic violence unit.

Strangulation can have a devastating psychological impact — and lead to death.

According to the Strangulation Institute, victims may lose consciousness through the blocking of the carotid arteries in the neck, depriving the brain of oxygen, closing off the jugular veins and closing off the airway, making breathing impossible.

After four to five minutes of sustained strangulation, death will occur.

Many times, victims do not suffer visible injuries and do not seek medical attention. And later their esophagus swells and they suffocate.

To help prevent strangulation and potential subsequent homicide, Kociela and Jennifer Handel Suhl, also of the DA’s Domestic Violence Task Force, went to San Diego this summer to train on aspects of nonfatal strangulation at the Training Institute on Strangulation Prevention.

Kociela and Handel Suhl were trained to identify the signs and symptoms of near-fatal strangulation; understand and recognize the anatomy and medical aspects of surviving and non-surviving victims; investigate and document cases for prosecution; prosecute cases, and enhance victim safety through trauma-informed advocacy services.

Back in Franklin County, the Domestic Violence Task Force trained police to ask certain questions to identify whether strangulation had occurred. Police were also provided with a strangulation checklist in police reports to help identify telltale signs, such as a raspy voice, dizziness or difficulty swallowing

“We wanted them to ask every victim if they’ve ever been strangled. Sometimes, there are no signs that a strangulation occurred,” Kociela said.

Such information gathered at the scene of suspected abuse cases improve the prosecutors’ chance of getting convictions with the latest tool against domestic violence, the state’s new strangulation law.

Springfield Man Faces Charge of ‘Strangulation and Suffocation,’ Newly Created Felony

He is alleged to have grabbed her, assaulted her and threw her to the ground. Once on the ground, he began to choke her because he could not find her money in her purse, police said.

People inside the restaurant came to the woman’s aid.

The new offense was created as part of an effort to prevent and prosecute domestic violence, although the case against Taylor is not a domestic violence situation.

According to a story in Lawyers Weekly, in addition to boosting prevention efforts and creating a right to domestic violence leave for certain employees, the measure signed by Gov. Deval L. Patrick in August month created a new felony offense of strangulation and suffocation.

The Lawyers Weekly story said the bill amended Chapter 265 to add section 15D, which defines “strangulation” as “the intentional interference of the normal breathing or circulation of blood by applying substantial pressure on the throat or neck of another,” and “suffocation” as the “intentional interference of the normal breathing or circulation of blood by blocking the nose or mouth of another.”

Those convicted of strangulation and suffocation face up to five years in prison, twice the maximum sentence for assault and battery. The law provides a stiffer sentence of up to 10 years when serious bodily injury is the result, the victim is pregnant, or the defendant was previously convicted of trying to strangle or suffocate someone, the story said.

2 billboards installed on I-10 raising strangulation awareness

County Attorney Lando Voyles, who is pictured on the billboards alongside Sheriff Paul Babeu, said he believed strangulation cases were going unnoticed and, in response, provided training for law-enforcement officers on detecting signs of strangulation. Also featured on the billboards is the image of a woman with bloodshot eyes and bruises.

Officers are trained to notice signs, including changes in the potential victim’s voice, difficulty swallowing and bruising behind the ears, the statement said.

The County Attorney’s Office said there has been an increase in reported strangulation cases over the year due to the officers’ ability to recognize signs.

Penn Prof and Alums Address Strangulation, Intimate Partner Violence in Research

The researchers report that one of every 100 women in the general population of eight countries, including the United States, reported being strangled by an intimate partner in the past year.

They also found women are more likely than men to report being strangled by an intimate partner.

In addition, the authors noted that research literature about strangulation did not exist or was missing from low- and middle-income countries, particularly in Africa and Southeast Asia.

“This is a critical issue in that these countries not only report higher levels of intimate partner violence, but the increased political violence in these countries is associated with an increased risk of IPV,” said Joshi. “Further, there are far fewer resources to address non-fatal strangulation as a public health or domestic violence problem.”

In addition, the article outlines similarities between strangulation and torture.

“Non-fatal strangulation might be the domestic violence equivalent of water boarding,” Sorenson said. “Both leave few marks afterward, both can result in the loss of consciousness or death and both assert the actor’s dominance and authority over the life of the other, create intense fear and can be used repeatedly often with impunity.”

Sorenson, Joshi and Sivitz write that “more work is needed to assess the magnitude, risk factors, mechanisms and consequences of strangulation across gender, under-studied communities and regions within countries.”

New Law To Protect Domestic Violence Victims

“Knowing what she went through the last moments of her life. It’s just something, it plays over and over in your mind and you never get used to it,” said John Salter, Tiffany’s father.

A jury convicted Goff of murder this past April. That same month, a bill passed making strangulation a felony. Before, it was just a misdemeanor, but now it’s aggravated assault, and could mean a 20 year sentence.

“I just cried because for me that’s Tiffany’s law,” Karen Salter said.

She hopes it will save lives. Stats show strangulation is the most common form of domestic violence. It takes the same amount of force as a handshake for someone to pass out and in four minutes, they’ll be dead.

In Georgia, 44 percent of domestic violence victims have been strangled. Last year, out of the 2,000 clients Safe Homes Augusta helped, 40 percent were strangulation victims.

“The abuser at that moment and choose to intimidate her by saying I’m going to kill you, or I have total control to kill you,” said Aimee Hall, executive director of Safe Homes Augusta.

Since the new law, Safe Homes Augusta wants to make sure law enforcement documents strangulation, especially 911 dispatchers.

“Then the 911 operators can ask. Did he put his hands on you? Where did he put his hands on you then they can go ahead and dispatch that information to the police,” Hall said.

“Do something. Do something. You don’t want to be where I’m sitting right now,” John Salter said.

Georgia ranks 12th in the nation for women killed by men. South Carolina is number one.

If you or someone you know is a victim of domestic violence, you can call the Augusta Safe Homes crisis hotline at 706-736-2499