|
Getting your Trinity Audio player ready...
|
“What is taking so long and why hasn’t South Carolina acted to protect its citizens and targeted victims?” This is often the question asked when people are made aware that South Carolina is the last state in the country to specifically address the extremely dangerous form of assault known as “non-fatal strangulation.”
A strangulation that results in death is easily addressed as a criminal issue under existing felony laws. However, strangulation assaults that do not end in death often go undetected, un-investigated, or are often mis-categorized as minor “choking” incidents. When criminal charges are filed in such incidents, they are frequently charged as low-level misdemeanors, with victims rarely getting the medical treatment they need.
***
The dangers of being strangled are many – and extend far beyond the person who was strangled. One must first understand the difference between “choking” and “strangulation.” The term “choking” is incorrectly used by the media and others to describe what a strangulation event is. Using the word “choke” minimizes the violence and action of someone being deprived of their needed oxygen at the hands of another. Technically and mechanically, choking is an internal, accidental blocking of the airway by an object. In contrast, strangulation is a form of asphyxiation caused by external compression of the structures of the neck (trachea, carotid arteries, and/or jugular vein) that limits oxygen to the brain.
Unconsciousness can occur within seconds and death within minutes.
Crucially, a person can be strangled to death or near death and have no external signs of injury. In roughly 50 percent of strangulation cases, there are no external signs of injury. On top of that, people who are strangled to the point of unconsciousness often do not have any memory of the event. A lack of visible injuries and recollection are two factors that have caused the criminal justice system, the medical system, and society in general to minimize the true dangers of strangulation.
***
“Non-fatal strangulation is the number one indicator of a future homicide …”
***
There are at least 25 known medical complications associated with being strangled, many of which are life-threatening. Regardless of whether a person is strangled to unconsciousness, there is an immediate and severe risk of internal and hidden injuries. Without medical triage and proper examinations, victims of non-fatal strangulation can die hours -or even weeks – after the event and will often have permanent injuries.
The danger doesn’t end there, however. Studies have shown that non-fatal strangulation is the number one indicator of a future homicide. Non-fatal strangulation isn’t just an intimate partner violence issue, either. This form of assault is used in sexual assault, domestic violence, child abuse, elder abuse, human trafficking, and more. With respect to domestic violence, non-fatal strangulation is often an early red flag that a homicide will occur later with the use of a firearm.
South Carolina’s horrendous record of domestic violence fatalities shows this to be true and in line with national research.
***
***
A great many stranglers are future killers – but killers of whom? Studies have shown stranglers are a deadly threat to law enforcement and the public as a whole. One study that focused on officer-involved shootings found that 30 percent of those offenders who shot officers – or were shot by officers – had a history of strangulation. Further studies revealed a troubling trend in that many mass shooting suspects have histories of strangulation.
Simply put, a person who strangles is showing the subtle signs of a killer.
So, what has South Carolina done to address this problem? Frankly, not much. Three bills have been presented to the General Assembly since 2018 in the hopes of establishing a statute against non-fatal strangulation. Each of the bills died at the end of their legislative session with little to no meaningful discussion.
***
“Why is South Carolina the last state to acknowledge this danger?”
***
It’s a glaring inconsistency in South Carolina law that must be reconciled. As of 2023, it is unlawful for a law enforcement officer to use a neck hold or neck restraint – as such acts are considered deadly force if used. It is considered deadly force because there is an understanding by the General Assembly that these types of holds carry a significant risk of great bodily injury or death when used.
If this is the case, why is South Carolina the last state to acknowledge this danger and apply it to criminals?
Training on strangulation, its dangers, evidence collection, and its subtle signs/symptoms have been implemented in the basic training program of South Carolina’s law enforcement cadets and certified officers for the last eight years. Special advanced and continuing education classes have also been offered around the state at roughly the same time via partnerships with the state police academy. Interestingly, most doctors, nurses, and EMT/Paramedics do not have any required and standardized training on strangulation. Additionally, many of those with whom strangulation victims would interact, such as prosecutors and victim services, get little to no training either. Strangulation awareness classes are often optional.
This pervasive lack of awareness and training about strangulation endangers victims. As a result, victims suffer, and criminal suspects are held unaccountable.
***
***
The passage of a law addressing non-fatal strangulation would have many benefits.
First, it would formalize the definition of strangulation so that all people would know how a victim was at risk of injury or death. Secondly, it would necessitate the creation of formal training across multiple professions to comply with the law’s meaning and intent and to advise victims on the need for immediate medical care. Thirdly, a new law could make charges and offenders trackable using the appropriate code section. This would allow for research and tracking of trends and patterns used by criminal subjects. Fourth, it would hold offenders accountable for their actions and serve as a process to intervene and prevent a future homicide. Last but not least, the law should initiate a public awareness effort to educate all of South Carolina.
For far too long this issue has gone unaddressed. It is time for South Carolina to act for the benefit of crime victims, law enforcement officers, and South Carolinians. Those who strangle are future killers and we have every reason and ability to put a law in place to prevent the deaths of our citizens.
***
ABOUT THE AUTHOR …
Brian Bennett is a retired state law enforcement officer and trainer with over 25 years of experience. He specializes in domestic violence, elder abuse, and non-fatal strangulation and provides consulting and training services related to those specialties. He is actively engaged in advocacy, legislative efforts, and ongoing research.
***
WANNA SOUND OFF?
Got something you’d like to say in response to one of our articles? Or an issue you’d like to address proactively? We have an open microphone policy! Submit your letter to the editor (or guest column) via email HERE. Got a tip for a story? CLICK HERE. Got a technical question or a glitch to report? CLICK HERE.
1 comment
I had no idea. Thank you for the education.