Current laws must address strangulation

by Sen. Tracey J. Eide

The statistics are chilling: Washington law enforcement agencies responded to 53,770 domestic violence-related calls in 2005. Put another way, six individuals each hour reported an assault by a domestic partner in our state. What an appalling picture, especially with the knowledge that so many cases are never reported.

Of those, 57 were domestic violence-related homicides, meaning that every six days someone was killed by a domestic abuser.

Numbers from across the country are equally sobering. Half of the women and children who are living on the streets have fled domestic violence. Medical care for treating women abused by an intimate partner was $4.1 billion in 2003, according to the Centers for Disease Control. One in five high school students reports being physically and/or sexually abused by a dating partner.

A study reported in the Journal of Emergency Medicine found strangulation as a form of domestic violence is common among women seeking medical help or shelter. It’s a statistic borne out by the experience of local prosecutors on the frontlines of stopping domestic violence. One such prosecutor tells me that he has seen thousands of cases of domestic abuse where strangulation is the common thread. Control is the core of domestic violence, and strangulation is the weapon of choice among chronic domestic abusers.

Strangulation is a particularly appalling crime. In one case study, 62 percent of the women who reported strangulation had no visible injury; 22 percent had just minor visible injury. But as just 8 pounds of pressure applied to the neck for 30 seconds can cause death, strangulation is a very serious matter. Prosecutors from my area confirm what the study found: Strangulation occurs late in an abusive relationship and reflects a high-risk, potentially lethal escalation of violence.

Make no mistake about this. Strangulation is not choking. Choking involves having something stuck in the throat, impeding the ability to breathe. Strangulation is the application of pressure to the neck to stop oxygen from getting to the brain.

But current law does not adequately address the serious conduct of strangulation, prosecutors tell me. Offenders who abuse their partners through strangulation must be held accountable. It’s an issue of such magnitude and urgency that every resource we can muster to fight domestic violence must be used.

This issue was brought to my attention by the city of Federal Way and King County Deputy Prosecutor Jim Ferrell. They and domestic violence victim advocates helped me to craft a bill I’ve introduced, which would allow felony charges to be brought against domestic abusers and anyone else who strangles their victims. The crime of assault by strangulation would be categorized as second-degree assault. This is a class B felony punishable by a maximum of 10 years in prison and a fine of up to $20,000.

At the Senate committee hearing for my bill, a video clip from a parking garage security camera was played. Although grainy, it was easy to make out an angry man and a woman attempting to flee him. He grabbed her around the throat with both hands. She tried to break free but couldn’t. Within seconds, her body went limp and she slumped to the ground. Just then, the security guard arrived. He likely saved the woman from additional harm and perhaps death.

But too often such scenes play out not in public spaces but behind closed doors. And although the strangling may be momentary, it is still a very dangerous act. Prosecutors tell me clever abusers may leave no mark. This has made it difficult, if not impossible, for victims to make their case to a law enforcement officer that they have been strangled. We can fix this.

Victims shouldn’t have to be seen in emergency rooms with bruises on their necks to prove they have been strangled. Just as for other crimes, a victim’s statement should be enough. Strangulation shouldn’t be a misdemeanor — surely an offense with the potential to so quickly extinguish a life is more serious. By refusing to be silent on this issue and by making strangulation a class B felony, we can give our law enforcement and justice communities the tools they need to help victims of this despicable act.

Editor’s note: Sen. Tracey J. Eide is the Senate majority floor leader. She serves on the Early Learning & K-12 Education; Rules; and Transportation committees.

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