Violence: recognition, management, and preventionA review of 300 attempted strangulation cases part i: criminal legal issues
Introduction
This is a study conducted by the San Diego City Attorney’s Office of 300 domestic violence cases involving attempted strangulation that were submitted for misdemeanor prosecution. As background, the San Diego City Attorney’s Office prosecutes all misdemeanor crimes within the City of San Diego and Poway. The San Diego District Attorney’s Office prosecutes all felonies within the City of San Diego and all misdemeanors outside the City’s jurisdiction. Approximately 85% to 90% of all domestic violence cases that are submitted for prosecution within the City limits will be handled as misdemeanors by the San Diego City Attorney’s Domestic Violence Unit.
Most domestic violence cases, including cases involving strangulation, are prosecuted under Penal Code section 273.5, Spousal Abuse, and can be charged as either a misdemeanor or a felony (1). A domestic violence case involving strangulation also can be prosecuted under Penal Code Section 243(e), a simple battery involving a partner (a misdemeanor) (2); Penal Code section 245(a), assault with the intent to commit great bodily injury (a misdemeanor or a felony) (3); or Penal Code section 187 pursuant to section 664, attempted murder (felony only) (4). A misdemeanor conviction for a domestic violence case carries a lower sentence than a felony. It has a maximum sentence of one year in local jail and no more than a $10,000 fine. A felony conviction for a domestic violence case carries a higher sentence including prison terms of 2 years or more.
The decision to prosecute a domestic violence case involving strangulation either as a felony or a misdemeanor is a matter of prosecutorial discretion that depends on many factors, including but not limited to the level of violence; injury; statements from the victim, witness or suspect; any corroborating evidence such as photographs, witnesses, 911 tapes, medical records; and criminal history of the suspect and witnesses.
This study was prompted by the deaths of two teenage girls in 1995. The murders of these two teenagers caused San Diego City Attorney Casey Gwinn to ask: “What evidence can be obtained by police officers in order to corroborate that a surviving victim has been strangled, which can later be used for either misdemeanor or felony prosecution?”
In answering this question, it was also believed that other objectives could be achieved, such as improving the quality of criminal investigations, increasing the number of attempted strangulation cases that are prosecuted as misdemeanors or felonies, enhancing victim safety, and ensuring that offenders be held accountable for the crimes they commit.
Section snippets
Materials and methods
Three hundred strangulation cases were selected from domestic violence, elder abuse, and child abuse cases on file with the San Diego City Attorney’s Office, Domestic Violence Unit. The cases used in the sample were submitted for misdemeanor prosecution by the Domestic Violence Unit of the San Diego Police Department or referred for misdemeanor prosecution by the San Diego District Attorney’s Office from 1990 through 1997. The files generally contained the following information: an arrest or
Defendant’s age, sex, and employment status
Fifty-nine percent of the suspects were believed to have been employed and working in the following fields: professional (9%), business (24%), self-employed (3%), laborer (46%), skilled laborer (8%), and military (18%). The average age was 31.9 years of age.
Victim’s sex
Most of the victims were women (99%). The four cases involving women defendants were female to male (2), female to female (1), and mother to child (1).
Relationship and length of relationship between the defendant and victim
The suspect was the victim’s male husband (25%); live-in partner (37%); parent of her
Discussion
As discussed above, this study was undertaken by the San Diego City Attorney’s Office as a result of the deaths of two teenage girls. In March 1995, a 17 year-old girl made a 911 emergency call to the San Diego Police Department. She reported being “choked” by her 21 year-old former boyfriend. Police were dispatched immediately and arrived at the scene within minutes. When the police arrived, the victim recanted and her injuries were fading. Redness to the neck was all the officers could see.
Conclusion
The findings from this study reveal the seriousness of strangulation. Even though the victims in this study did not die, they nevertheless experienced a serious and potentially lethal form of physical violence. Understandably, police and prosecutors overlooked symptoms and focused on visible injuries to prove strangulation. No one knew what questions to ask the victim to determine if she had any symptoms, such as voice changes, breathing changes, pain from swallowing, or demonstrable
Acknowledgements
The authors thank San Diego City Attorney Casey Gwinn, Ellen Taliaferro, MD and Candace M. Mosley, JD, Director of National Programs, National College of District Attorneys. This study was conducted because City Attorney Casey Gwinn believes those in the domestic violence community should never let a victim die in vain. It is essential to learn from the tragic deaths of victims, and to develop strategies that will enhance the response of domestic violence professionals. This study was written
References (6)
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Case reportdelayed death after pressure on the neck. Possible causal mechanisms and implications for mode of death in manual strangulation discussed
Forens Sci Intl
(1996) - California Penal Code section 273.5(a) states “Any person who willfully inflicts upon a person who is his or her...
- California Penal Code section 243(e)(1) states “When a battery is committed against a spouse, a person with whom the...
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