Non‑fatal strangulation is a common and serious form of intimate partner violence and a key risk factor for future lethal violence. A recent domestic violence report in Delaware revealed that 24% of felony domestic violence cases filed included strangulation or suffocation charges.
Cases involving strangulation are hard to prove, as there may possibly be discreet signs of strangulation and always occurs in private.
Each state has its set of laws regarding strangulation. For example, a strangulation charge in Texas could land an offender 2 to 10 years in prison and make them pay huge fines. The charge could be elevated to a second-degree felony if it was found out that there was a prior conviction, especially when it involves a family or dating relationship.
Prosecutors rely on medical evidence, witness statements, testimonies from victims, and sometimes digital or forensic evidence presented in the preparation of a strong case.
Let’s find out the methods prosecutors use to prove allegations regarding strangulation.
Understanding Strangulation and Its Effects on Victims
It may truly be hard to conceive of the staggering impact of strangulation on the victims. The physical act leaves no palpable marks on the skin at once but rather largely causes emotional and psychological trauma to the victim. Victims of this assault may manifest symptoms such as anxiety, depression, and a sense of helplessness.
Trying to figure out a way to be social and regain oneself may seem more difficult when these are weighed against trust issues, the effort of forming relationships, and undying fearfulness. You may not completely understand the suffering of victims of strangulation, but try to encourage a process of healing with other people.
Validity and efficacy will be attributed to those seeking help within the context of a more encompassing healing process.
The Role of Physical Evidence in Proving Strangulation
Knowing the impact of strangulation on the person being harmed stresses the importance of a physical examination and other evidence in the complaint. When a person is assaulted, visibly abnormal signs like bruises, red marks, or petechiae tend to be factual evidence.
Such visual evidence validates the victim’s experience and intensifies the substantial assaults for which the victim now has to live. Medical practitioners are important for affirming such injuries and offering expert testimony on their significance.
Photographs serve the purpose of keeping evidence for a longer period and preventing it from disappearing after a while. Photos may also further support the case of the prosecution by providing circumstantial evidence. Corroborative material evidence is indispensable to the search for justice.
Importance of Witness Testimonies in Domestic Violence Cases
Domestic violence is tough to prove with a lack of evidence and witnesses. According to Santa Ana domestic violence defense attorney Christopher J. McCann, even prosecutors usually have a hard time winning domestic violence cases when victims lack cooperation or are unable to prove what the alleged victims are saying is true.
Here is where witness testimonies provide immense significance. They validate the complainant and its claim. People related to the victim, for example, his or her friends, family members, and neighbors, could depict a situation of behavior that has been in existence for some time. This kind of evidence can be backed by obtaining other statements from other witnesses.
It is important that the testimony of the suffering witness also be able to bolster the determination of the level of disability suffered by the victim.
But when individuals share their experiences and lend each other support, this acts as a testament to the fact that no one should have to go through abuse on their own.
Utilizing Expert Opinions and Medical Testimony
An expert opinion is mandatory to successfully prove a strangulation case in domestic abuse litigation. Emergency room physicians and forensic pathologists are capable of clarifying the physical degradation or torment undergone by the human body following strangulation, making the physical symptoms of the crime relevant and understandable.
Doctors and forensic pathologist witnesses can explain the effect of such strangulation on the human body. These people also have expertise about the subsequent damaging effects of strangulation. Allowing witness statements to their credibility can possibly create a channel for jurors to perceive and connect the incidents as more serious than they might already seem.
Given the serious nature of the harm, mental health professionals will extend their knowledge about the emotional and psychological effects, subsequently providing them with appropriate terminology for defining the impact of violence.
The presentation of an expert witness is required for more than just a recounting of the issues. Doing so was actually participating in advocacy efforts regarding implementations that catered to the demands of the parties.
Overcoming Legal Challenges in Strangulation Prosecutions
Legal hurdles in strangulation prosecution are numerous but not insurmountable. Difficulties include small amounts of physical evidence, the victims’ credibility, and often the defense argument that the act was consensual.
A host of potentially damaging evidence must be gathered to achieve a trial victory. This may include medical documentation to be presented in court, expert testimony, photographs, garments, weapons, and anything else that helps prove the severity of the crime.
Psychological analysis is important, as it can resonate deeply with the jurors. Countermeasures must be built into the whole case to minimize the possibility of the defense showing any holdbacks.
By focusing on the victim’s experience and the broader issue of strangulation, the community can relate to the case and help those who are made to feel mute or isolated.
