Posted February 5, 20231:34 pm
By Alexandria Ruden
Strangulation is finally a crime in Ohio.
The legislation was part of the criminal justice bill Governor Mike DeWine signed on January 3. Under Revised Code 2903.18 strangulation is a felony offense; offenders may be charged depending on the severity of injuries and the relationship to the victim.
Previously, Ohio was the only state that did not legislatively recognize strangulation’s nature: commonplace, extremely dangerous, and indicative of increased risk of homicide in domestic abuse. Research confirms that the act of placing hands or ligature around a victim’s neck introduces a heightened level of lethality, potentially causing brain injury or death.
This horrific crime is not rare: 1 in 4 women will experience domestic violence in their lifetime. The State’s recent passage of legislation targeting strangulation highlights a renewed focus on the public health consequences of strangulation in cases of intimate partner violence, but it only marks the opening volley in the battle against domestic violence.
The urgency cannot be overstated: domestic violence victims who are strangled are 750% more likely to be murdered by their partners. Strangulation’s inherent deadliness underscores this risk: unconsciousness may occur within seconds, and death within minutes.
Most strangulations are not failed attempts at murder, but completed criminal acts that must be prosecuted accordingly.
Many domestic violence offenders and rapists do not strangle with the explicit desire to kill their partners: they strangle to let them know they could kill them any time they wish. Once victims understand this truth, they are more likely to live in fear of and subject to the power and control of their abusers.
This complexity challenged prosecutors, who have struggled with whether to prosecute strangulation as attempted murder, felony assault, or misdemeanor, resulting in inconsistent sentencing.
Thanks to medical professionals, specialized training for police and prosecutors, and ongoing research, strangulation has become a focus for policy makers and professionals working to reduce intimate partner violence.
Often strangulation leaves no visible signs of injury, and few victims receive the medical care they need. As part of our screening, Legal Aid encourages victims of strangulation to seek immediate medical attention. In some cases, this has enabled clients to undergo evaluations that have identified internal injuries and prevented death.
Due to this legislation, professionals can now work to identify key phrases indicating strangulation. If a victim says, “He choked me,” please listen. They are saying a near-fatal strangulation occurred. Your next step should be encouraging them to seek immediate medical attention.
Comprehensive evidence collection, enlightened charging decisions, survivor interviews, and proper medical care make a difference to victims’ health and well-being. Survivors and advocates have a reason to be proud: this law will reduce homicides, protect victims, and hold accountable those who commit this heinous crime.
This legislation will ensure that Ohio’s justice system provides victims with the protections they need to survive – but there remains more to do to support victims of intimate partner violence. Together, we should continue to partner with Ohio’s legislators to advocate for solutions centering victims’ experiences and needs.
This is a victory, but there is more to do to ensure victims of domestic violence have access to the State’s judicial resources, are heard by those administering justice, and are protected accordingly. It starts with one step – perhaps the most important of all: listening to victims.
____________________________________________________________________________
Published: cleveland.com - Branding strangulation a felony is a victory, but advocates, legislators have work to do to fight domestic violence: Alexandria Ruden