Strangulation proposal is SC’s latest attempt to stop domestic violence
South Carolina was ranked the sixth highest state for domestic violence in 2023. Throughout the last few years, efforts to diminish the risk for women hasn’t become law.
One prefiled bill for the 2024-2025 South Carolina legislative session is attempting to address one issue that relates to domestic violence: strangulation. And the Palmetto State is the last to have such a law. If someone was strangled by their partner in the past, their risk of being killed by them is 10 times higher, according to the National Domestic Violence hotline. The proposed legislation would target strangulation when used to abuse and manipulate power, oftentimes in domestic violence situations.
State Rep. Micah Caskey, R-Lexington, said the bill addresses strangulation as a form of abuse, manipulation and control.
“Obviously, it’s already illegal to kill people, so we’re not plowing new ground in that sense,” Caskey said.
However, in some cases, oftentimes related to domestic violence, a person will be strangled for manipulation, to present power and control, Caskey said.
“In doing so, there can be obviously, very real health risks, not just death, but also later onset problems that come from deprivation of oxygen to the brain,” Caskey said.
Brian Bennett, a retired officer at South Carolina Criminal Justice Academy, has testified for years about the danger and lack of information surrounding strangulation as a crime in South Carolina, and is hoping to see the legislation become law this year.
Bennett said misinformation and public awareness is lacking, which makes it difficult to fully prosecute offenders, and for doctors and law enforcement to even realize the dangers.
“People just don’t understand how inherently dangerous this is and what this type of behavior leads to, with it being the number one indicator of a future homicide,” Bennett said. “They hear the word like choking, which is mechanically and technically an incorrect term and should never be used to describe strangulation, but that word in itself, tends to minimize what actually happens to the human body in the event that occurs.”
Bennett recalled a case when he interviewed a woman who had been “brutally” strangled with severe injuries that landed her in the hospital, and no charges were brought against the offender.
H. 3522, labeled the strangulation bill, was filed by state Reps. Caskey, Tommy Pope, R-York, Leon Gilliam, R-Union, and Chris Wooten, R-Lexington. The bill would specifically define strangulation where offenders can be prosecuted for strangling someone despite their intent.
It is considered battery to strangle someone.
Assault is the creation of fear of imminent peril, as when someone threatened another in person. The battery is the physical aspect of this, if something did occur. Assault and battery tends to go hand in hand, Caskey said.
There are graduated levels of assault and battery, but a strangulation could fit into multiple of those. The level of punishment would depend on the damage inflicted on somebody.
“That’s not the greatest way to go about it when there is this thing specifically where people use strangulation as a form of coercive power and control over somebody in torture,” Caskey said. “What we’re trying to do with the bill is give law enforcement another arrow in the in the quiver to go after people who harm others,” Caskey said.
Caskey said work needs to be done to ensure the bill’s not overly broad. There’s a challenge with certain situations, especially when thinking about when someone could be overcharged, Caskey said.
Bennett served on a domestic violence committee when Nikki Haley was governor. That is when he learned more about strangulation’s connection with domestic violence.
Domestic violence laws have very vague language concerning strangulation, Bennett said. Someone can die from strangulation months later.
Similar bills have been filed before, like by former Sen. Katrina Shealy, R-Lexington, but they didn’t move very far in the legislative process.
In the past, critics have argued laws already address strangulation. Bennett said there are many inconsistencies.
“We’ve had such an inconsistent record of accountability to this issue. I mean, really, the only time somebody gets charged with a high level felony is, I mean somebody literally almost has to die,” Bennett said. “Traditionally, these type of cases are not taken seriously.”
Caskey said he doesn’t have any immediate expectations to pass a law, because the legislative process can be lengthy and difficult.
“Filing the bill and advocating for the protection of these victims and survivors is important,” Caskey said. “Just because the fight hasn’t been successful yet doesn’t mean that we should abandon the effort.”
This story was originally published December 26, 2024 at 5:00 AM.