A new bench card for judges provides guidance on strangulation/suffocation offenses.

A new bench card for judges provides guidance on strangulation/suffocation offenses.

Based on a recent law creating the felony offense of strangulation or suffocation, the Supreme Court of Ohio has compiled resources to assist courts.

Often informally referred to as “choking,” nonfatal strangulation or suffocation is obstructing someone’s normal breathing or blood flow by applying pressure to the throat or neck, or by covering the nose or mouth, depriving the brain of necessary oxygen. The Supreme Court’s new five-page bench card for judges points out that strangulation or suffocation takes little pressure, often results in no visible injuries, and can happen in seconds. The seriousness can be difficult to recognize and is easily underestimated. Strangulation or suffocation can result in difficulty speaking, short-term or long-term memory loss, inability to concentrate, behavior changes, and brain damage. These issues may impair the victim’s ability to describe the experience to health professionals, law enforcement, or courts.

In addition to being a potentially deadly act, nonfatal strangulation/suffocation by an intimate partner is frequently a precursor to murder. According to the Journal of Emergency Medicine, a victim who survives is 750% more likely to later be killed by that partner.

The new guide explains the terminology in the strangulation and suffocation law, the different felony tiers for the offense, and how the level of harm and the relationship between the parties determines the felony degree. If the alleged victim and alleged offender were family or household members, or in a dating relationship, the felony increases to a more serious offense.

The second resource developed for courts is a flyer highlighting four common myths about strangulation and suffocation, and explaining how quickly the physiological consequences of strangulation or suffocation can occur: five to 10 seconds for loss of consciousness, and one to three minutes to death.

For questions about the new resources, contact the Domestic Violence Program at domesticviolence@sc.ohio.gov.