New Legislation in South Carolina Targets Strangulation in Domestic Violence Cases

Columbia, South Carolina: New Legislation Aims to Combat Domestic Violence Strangulation

In 2023, South Carolina was ranked as one of the highest states for domestic violence in the United States, sitting sixth in the nation. As efforts to protect women from domestic violence struggle to make progress, a new proposed bill is on the horizon for the 2024-2025 legislative session aimed at addressing one of the most dangerous forms of abuse: strangulation.

State Representative Micah Caskey, alongside his colleagues, has prefiled a bill to specifically target strangulation related to domestic violence. Currently, South Carolina is notably the last state in the U.S. without specific laws addressing this issue. Research from the National Domestic Violence Hotline reveals that individuals who have experienced strangulation are 10 times more likely to be killed by their partners.

Understanding the Problem

The proposed legislation will recognize strangulation as a method of abuse and manipulation, which is often used to exert control in domestic violence scenarios. Caskey emphasized the seriousness of strangulation, revealing that it can lead to severe health risks beyond death, such as lasting brain damage from a lack of oxygen.

Former officer Brian Bennett, who has dedicated years to raising awareness about the dangers of strangulation, expressed his support for the new bill. He pointed out that there is a significant lack of public understanding regarding the severity and potential consequences of strangulation, making it challenging to prosecute offenders effectively. “People just don’t understand how inherently dangerous this is,” Bennett stated, referencing the fact that strangulation is often minimized as mere choking.

Details of the Bill

The legislation, known as H. 3522, will define strangulation explicitly, allowing law enforcement to pursue charges of battery against offenders. Caskey mentioned that charges related to strangulation could encompass various levels of assault and battery, depending on the harm inflicted. “What we’re trying to do with the bill is give law enforcement another arrow in the quiver to go after people who harm others,” he added.

This is not the first attempt at passing such a law in South Carolina. Past efforts, including legislation introduced by former Senator Katrina Shealy, have failed to gain traction. Critics have often argued existing laws adequately address the issue, but Bennett counters this perspective, asserting there have been many inconsistencies in how cases have been prosecuted.

The Bigger Picture

As South Carolina continues to grapple with high rates of domestic violence, the introduction of this bill aims to provide much-needed clarity and strength to the legal system regarding strangulation cases. Current laws do not adequately define or penalize this specific type of abuse, consequently creating gaps in accountability.

In addition to the proposed bill, Bennett recalled a case where a woman who suffered from severe strangulation injuries received no charges against her attacker, highlighting the dire need for reform. Caskey acknowledged that while he does not have immediate expectations for the bill’s passage, advocating for survivors remains an essential part of the process. “Just because the fight hasn’t been successful yet doesn’t mean that we should abandon the effort,” he emphasized.

Looking Ahead

The upcoming legislative session holds potential for South Carolina to take a significant step forward in the fight against domestic violence, particularly with the proffered focus on strangulation as a form of abuse. The attention garnered by this proposed bill may ultimately bring about the critical changes necessary to protect individuals at risk and enhance public awareness around these issues. As legislators work through the complexities of the bill, advocates remain hopeful for a positive outcome.