Advocates lobbying for increased attention to the signs in domestic violence cases
Georgina McGrath says she still has to sleep some nights with the windows open, the cold air in her lungs a reminder that she’s far away from the man who used to strangle her. On those nights, she said, she can still feel his hands on her neck.
Though the Newfoundland and Labrador woman has been a vocal advocate for survivors of intimate partner violence in the decade since her ex-partner last squeezed her throat, her voice still breaks when she talks about it.
“There’s so much fear,” she said in an interview. “You’re just waiting for them to end it, you can feel yourself falling … you can feel yourself draining away.”
The 54-year-old businesswoman originally from Labrador City is adding her voice to those of experts across the country who say police officers, judges and lawyers need specialized training about strangulation in intimate partner violence cases.
Amanda McCormick, an associate criminology professor at the University of the Fraser Valley, says strangulation is a key warning sign that someone is at a much higher risk of being killed by their intimate partner.
“The thing about strangulation is it’s quite hidden: a lot of abusers will use this as a form of power and control, but it often doesn’t leave any visible injuries,” McCormick said in a recent interview, adding: “It’s one of the best predictors of homicide or femicide.”
The federal government updated the Criminal Code in 2019 to add strangulation to the definition of assault with a weapon or causing bodily harm. The change means domestic abusers can now be charged specifically for assault by strangulation.
However, McCormick said that without adequate training about the offence, it may not be used properly. Strangulation doesn’t always leave marks on a victim’s neck, so police, prosecutors and even health-care workers need to know to ask about it. And they need to be able to recognize possible signs, such as a victim having a cough or a sore throat.
“If they don’t know how to investigate and document a strangulation, they’re going to be recommending a lesser assault,” she said.
She noted, too, that the change in the Criminal Code came right before the COVID-19 pandemic upended routines across the globe, and there may not be much awareness in the justice system that assault by strangulation is now a defined offence.
Recognizing strangulation, or knowing how to spot it, can be a matter of life and death. McCormick pointed to a 2008 National Library of Medicine study showing that someone in an abusive partnership is more than seven times more likely to be killed by their partner if they’ve been strangled by that partner in the past.
There are other health risks that are not well understood, McCormick added. Being strangled increases a victim’s chance of having a stroke, or developing brain injuries or mental health problems from a lack of oxygen, she said.
McCormick’s latest work looks at the sentences judges are handing down for assault by strangulation, which comes with a maximum of 10 years in prison. So far, she’s found that offenders are largely receiving light sentences, despite the grave risk they pose to their partners.
“So there’s a complete discord here,” she said. “Police need training. Lawyers need training. Judges need training. Health-care practitioners, for the most part, need training.”
Last month, the California-based Training Institute on Strangulation Prevention held a two-day training session in Ottawa for police officers, medical workers, military personnel and others who work with victims. “The most dangerous domestic violence offenders strangle their victims,” institute co-founder Casey Gwinn said in a news release issued by the Ottawa police.
McGrath, who now lives in rural Newfoundland, testified on April 11 before a Senate committee studying a bill to establish a national strategy for the prevention of intimate partner violence. She hopes that strategy would include training across the justice system about intimate partner violence, and about the risks and red flags posed by strangulation.
McGrath said she would like to see special courts established to deal with intimate partner violence cases, where judges and lawyers would be trained about the issues involved and better equipped to make decisions that protect the victim from further harm. She’d also like to see governments make it mandatory for health-care workers to report strangulation in domestic cases to police, just as they must when there is evidence of stabbing or shooting.
The Newfoundland and Labrador Justice Department said Friday that it will look into such a policy.
However, McCormick worries that victims will be more afraid to seek medical help for strangulation if they know police will be involved. “These women need to see a doctor,” McCormick said. “If they are deterred from doing so, that poses significant risks to their life and their health.”
READ ALSO: B.C. informal family court promising for domestic violence victims: advocates
FAQs
The defendant's arms or hands may have bite marks, bruising, or scratches from the victim's attempts at self-defense. Again, take pictures of this evidence. The victim may be hoarse; her throat may be sore or swollen; her neck muscles may be pulled, strained, or otherwise damaged; or she may have trouble swallowing.
Why is strangulation difficult to prosecute? ›
The biggest challenge in a strangulation case is often the lack of obvious injury and thus evidence. For years, the majority of my offense reports read simply, “The victim stated she could not breathe,” with a short description of the defendant placing his hand or arm around the victim's neck.
Is non fatal strangulation one of the highest markers for future homicide? ›
Any kind of strangulation is one of the strongest markers. Research has shown that this increases the risk of homicide by eight times.
What do strangulation victims look like? ›
Victims should look for injuries on their face, eyes, ears, nose, mouth, chin, neck, head, scalp, chest and shoulders, including: redness, scratches or abrasions, fingernail impressions in the skin, deep fingernail claw marks, ligature marks (“rope burns”), thumbprint-shaped bruises, blood-red eyes, pinpoint red spots ...
Does strangulation leave evidence? ›
When you strangle somebody, you hands come in contact with their throat. This can leave contact DNA - skin cells that can be used to identify you. Should you be wearing gloves, there may still be some contact DNA, though much less. There are also bruising patterns based on the size of the hands.
What trace evidence was used to prove the suspect committed the strangulation? ›
For example, trace examiners may look for ligature fibers in the case of a strangling to identify what might have been used to commit the crime, or gunshot residue around a bullet hole to indicate the distance between a shooter and a victim.
What is most commonly injured during strangulation? ›
Strangulation can result in injuries to the soft tissues of the neck, esophagus, larynx, trachea, cervical spine, and the laryngeal and facial nerves. (Hawley, McClane, & Strack, 2001; Shields, Corey, Weakley-Jones, & Stewart, 2010; Smith, Mills, & Taliaferro, 2001; Taliaferro, Hawley, McClane, & Strack, 2009).
What are the delayed consequences of strangulation? ›
DELAYED CONSEQUENCES
The victim may develop delayed swelling, hematomas, vocal cord immobility, displaced laryngeal fractures, fractured hyoid bone, airway obstruction, stroke or even delayed death from a carotid dissection, blood clot, respiratory complications, or anoxic brain damage.
How long does strangulation actually take? ›
Temporary or permanent brain damage can occur in as little as 30 seconds; brain death can occur in four to five minutes. 5. The seriousness of strangulation is a common precursor to further lethal violence. 6.
Is strangulation a slow death? ›
Is strangulation a painful slow death? Not necessarily. It requires around five minutes to be strangled to death, however, someone properly strangled would be unconscious in seconds as the blood was squeezed from their head.
Strangulation is defined as asphyxia by closure of the blood vessels and/ or air passages of the neck as a result of external pressure on the neck. [2] It is subdivided into three main categories: hanging, ligature strangulation and manual strangulation.
Can strangulation cause delayed death? ›
Strangulation can cause brain damage, pneumonitis, miscarriage, heart attacks, and delayed death, days or even weeks after the assault. In 50% of reported cases, this level of damage can be achieved without leaving noticeable bruises on the outside of the neck.
Do strangulation victims defecate? ›
Victims should also seek medical attention if they experience: • difficulties breathing, speaking and/ or swallowing, • nausea and/ or vomiting, • lightheadedness, • headache, and/ or • involuntary urination and/or defecation (loss of bladder and/ or bowel control).
Why do eyes turn red when strangled? ›
Expert testimony also established that the severity of petechiae—an injury resulting from sustained pressure causing blood vessels in the face and eyes to burst—indicated the level and type of force used in strangulation. The expert testified it takes about 30 seconds of sustained pressure to produce petechiae.
What happens to the eyes when someone is strangled? ›
Signs of Strangulation
Eyes and Eyelids - petechiae to the left or right eyeball, bloodshot eyes. Ear - petechiae (external and/or ear canal), bleeding from the ear canal. Nose - bloody nose, broken nose, petechiae. Mouth - bruising, swollen tongue, swollen lips, cuts/abrasions.
What is a strangulation assessment? ›
The strangulation assessment card is a quick reference tool to help professionals conduct the initial assessment of a victim that has recently been strangled. The front page of this tool identifies what signs to look for, what symptoms the victim may be experiencing, and when to transport a victim to the hospital.
What is a more common findings in manual strangulation? ›
The more common finding in manual strangulation is fracture of the cornu of the thyroid cartilage. Describe the common findings in ligature strangulation. Generally, the only findings are asphyxial and the presence of a furrow in the neck.
What is a strangulation exam? ›
A strangulation exam is a very detailed head to toe exam. It includes documentation of injuries, safety planning and follow up. If we see you before you've gone to the Emergency Department, we can help arrange transportation there for an assessment of any emergent needs.
