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Bill, if passed, will make strangulation a felony assault under CDV law
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For more than three hours, Mrs. Felicia Shiver's husband dragged her throughout their Gadsden home, punching, kicking and beating her as she cried out for him to stop.
Then he began strangling her, Mrs. Shiver said. Fearing for her life, she grabbed an hammer and desperately wield it, hitting him in the head.
Mrs. Shiver's husband was sentenced to 26 days of counseling, according to Richland County court records.
But some prosecutors and victim advocates said this isn't enough punishment for abusers accused of strangulation.
A bill introduced earlier this year, if passed, will make strangulation a felony under the criminal domestic violence law. Smothering is also included in the bill.
So far, 27 other states have made strangulation a felony, according to Ms. Gael Strack, founder of the National Family Justice Center Alliance.
"It's a big problem nationwide," said Ms. Strack, adding 10 to 40 percent of homicides are homicides by strangulation. "But the biggest problem is strangulation to the point where the person loses consciousness."
"Many victims who are strangled usually don't have any visible injury," Ms. Strack said. "That's why it's hard for police, prosecutors and judges to understand how serious it is."
Physical evidence may vary from tiny marks on the necks to urination, defecation and voice changes such as hoarseness and even losing the voice altogether.
Mr. Andrew Williams, a Martial Art teacher, said how the offender strangles the victim will determine whether there is any visible injury.
If the offender strangles the person with open palms, officers will rarely find any visible injury, said Mr. Williams who has more than 47 years experience in the internal and external Martial Arts. But if the person is strangled with the tip of the fingers pressed into the skin then there will be bruises, scratches or tears in the skin, Mr. Williams said.
Still, too many officers aren't trained on what to look for and what questions to ask, especially when there are no visible injuries, officials said. That's where Ms. Strack's organization steps in, offering training, tools and resources to help law enforcement and others to do a more thorough investigation.
Fifth Circuit Assistant Solicitor Todd Wagoner is an advocate of the bill.
"Victims and sometimes law enforcement don't understand how serious it is when someone put their hands around another person's neck and squeeze it to the point the person loses consciousness," Mr. Wagoner said. "Once the pressure is released and the blood is flowing again, the person doesn't feel like they were seriously injured and just shrug it off."
But breathing complications and sometimes death can occur hours and sometimes days later, according to a study on the investigation and prosecution of strangulation cases done by Ms. Strack.
Wagoner, who heads the solicitor's office specialized domestic violence unit, said he's seen too many cases misidentified as choking and the offender charged with a misdemeanor.
"I can tell by reading the incident report the victim may not have understand how serious the situation she was in," Mr. Wagoner said. "She would say 'he just choked me.' There is no such thing as just choke me. She was strangled."
Only eleven pounds of pressure placed on both carotid arteries for ten seconds is necessary to cause unconsciousness, according to Ms. Strack's report. However, if pressure is released immediately, consciousness will be regained within ten seconds.
To completely close off the trachea, three times as much pressure (33 lbs.) is required. Brain death will occur in 4 to 5 minutes, if strangulation persists, the study said.
Mrs. Shiver has trouble remembering some of the details of what happened, one of the side effects of strangled victims, Ms. Strack said.
After hitting her husband, Mrs. Shiver said she ran to a nearby home to call for help.
It was after the officers came and questioned her that Mrs. Shiver lost consciousness momentarily and had to be taken to the hospital where she said she stayed for two days.
Still, her husband was sentenced for first offense criminal domestic violence, a misdemeanor.
"I was flabbergasted," Mrs. Shiver said. "I was just absolutley disgusted with that."
Should the bill pass, offenders who strangle their victims will face a minimum charge of criminal domestic violence of a high and aggravated nature and have to serve one to 10 years in prison, officials said.
"Oh gosh, that would be excellent," Mrs. Shiver exclaimed. "I hope it passes. A lot of men have resorted to doing that because the bruises can't be seen."
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