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Dear Friends,
We welcome you to another edition of the Strangulation Prevention E-News. In this E-news, we are honored to provide an update concerning the prosecution of near-fatal strangulation cases as attempted murder. Focusing on strangulation cases is homicide prevention. We also do our best work in teams, when we make a commitment to continue to learn and develop or improve our county-wide strangulation protocols.
As we all know, strangled victims in intimate relationships are at high risk of attempted murder and murder (Glass, et al, 2008). Victims are not just strangled -- many are beaten, suffocated, raped, restrained, intimidated and stalked. The more often they are strangled, the higher the risk of lethality and devastating long-term health consequences (Messing, et al, 2018; Logan, 2021). Many strangled victims also believe they were going to die when they were strangled (70% in Wilbur, et al, 2001; 90% in Thomas, et al, 2014; 40% in White, et al, 2021 and 44% in Brady, et al, 2021)
Most recently, researchers carefully analyzed 130 cases of non-fatal strangulation cases. Researchers found that only 6% of the perpetrators stopped strangling victims on their own which suggested that non-fatal strangulation complaints should be investigated as an attempted murder until the evidence suggests otherwise (Brady, et al, 2021) . In 2023, Tennessee passed a new law encouraging prosecutors to consider filing attempted murder charges in strangulation cases where there was a loss of consciousness (Section 39-13-102(f)). Based on our own surveys and focus groups, we have repeatedly heard from survivors that they were shocked when their strangulation assault was charged as or reduced to a misdemeanor when they clearly believed they were going to die and that he intended to kill them. We have also received requests for guidance on when to charge strangulation as attempted murder.
Strangulation laws are general intent crimes. Attempted murder is a specific intent crime. While general intent crimes are easier to prove and defendants rarely admit their intent, attempted murder by strangulation can nevertheless be proven. Intent to kill can be inferred from the totality of the circumstances. Continuing to apply pressure after loss of consciousness significantly increases the chances of brain damage and/or death. Given that death by strangulation is not instantaneous, strangulation itself can demonstrate an intent to kill by the duration of the pressure. There is no other reason to continue applying pressure to a limp, unconscious and lifeless individual unless you intend to kill them. Based on a review of near-fatal strangulation cases charged as attempted murder, a checklist has been developed to assist in analyzing strangulation/suffocation cases as attempted murder. To review a sample of near-fatal strangulation cases charged as attempted murder, please click “Case Summaries.”
As always, we extend our heartfelt thanks to all those supporting survivors of violent crimes. Your actions, small and large, matter.
Always with great Hope,
Casey, Gael, Joe, Fernanda, Jess, and Jahlyssa
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