Editorial: Law to make choking a felony sounds good to us
Published 12:00 am Thursday, February 3, 2005
A proposed law to make non-lethal choking in domestic violence cases a felony has our support.
Currently, non-lethal choking is a misdemeanor; police must detect signs of bodily harm such as broken bones or blood, to charge abuse assaults as felonies.
Ramsey County Attorney Susan Gaertner is suggesting the change to allow prosecutors to charge perpetrators and punish their actions with up to five years in prison and a $10,000 fine.
Bar brawl strangulations would remain a misdemeanor simply because they are so rare.
The change, Gaetner said in a Pioneer Press story, is necessary because attempted strangulation can lead to escalated violence against victims.
North Carolina, Missouri and Oregon have passed similar legislation, while Nebraska passed a law requiring all choking instances be charged as a felony.
The Coalition for Battered Women compiled a study saying at least 50 women and children have been strangled in Minnesota between 1989 and 2004 by a mate, family member or a member of their household.
Making non-lethal choking &045; defined as intentionally impeding normal breathing or circulation of blood flow by apply pressure on the throat or neck, or blocking the nose or throat &045;a felony will give prosecutors and the courts the ability to intervene before abuse causes a fatality.
As victims know all too well, abuse escalates and each time it occurs, the victim is at risk of death. In such cases, the abuser has lost control of their actions and all too often ends in the death of the victim.
This law would give police, prosecutors and the courts one more tool to stop the abuse, and allow treatment time for the offender. It sure sounds like a win-win for everyone to us.