Article: General Assembly bill would make choking, strangulation felonies

01:00 AM EST on Wednesday, February 9, 2011
By Philip Marcelo, Journal State House Bureau
PROVIDENCE — Strangulation or choking, even if it doesn’t cause serious injury, would be charged as a felony crime under proposed legislation aimed at reducing the number of fatal domestic assaults in the state.

At a State House hearing on the bill on Tuesday, state Rep. Roberto DaSilva, the East Providence Democrat who submitted the legislation, argued that strangulation-related crimes are part of the cycle of violence in abusive relationships.

“Domestic violence is progressive. It starts with verbal abuse. It moves up to a slap, a punch, a kick. When you’ve reached the level where you’re putting both your hands around a person’s throat, I think you need to raise that offense to greater than a simple assault,” said DaSilva, who is a Pawtucket police lieutenant. Currently, strangling is considered a misdemeanor in Rhode Island.

Jessica Seitz, of the Rhode Island Coalition Against Domestic Violence, spoke in favor of the bill, saying it comes as the state is coming off its deadliest year for domestic violence-related deaths, with 13 incidents in 2010.

She also noted that 27 states have passed some form of legislation raising strangling to a felony in recent years, and about five others are considering legislation this year.

Burrillville police Sgt. Dennis Leahey, who also testified in support of the measure, said victims of domestic violence should be placed in the same league as senior citizens and individuals with special needs, who are protected by stiffer penalties when they are the victims of assault.

“I believe the intent of this legislation is to protect those who are not able to protect themselves,” he said. “Victims of domestic violence are subjected to a pattern of abuse over a period of time to the point where they are psychologically and emotionally worn down, and their ability to defend themselves” is weakened, Leahy said.

While a number of committee members voiced their support for the bill, there were some concerns.

Committee member Robert E. Flaherty, D-Warwick, asked why strangling would be placed as a felony offense even if no serious injury was immediately visible on a victim.

“Felony assault typically means there must be some sort of serious bodily injury. I can’t think of a felony assault that does not have serious injury. Otherwise it’s not felonious. It’s simple assault,” he said.

DaSilva, who also introduced the bill last year, responded that there are instances of felony assault where no serious injury is present: assault with a weapon. “I’d argue that a hand is a weapon,” he said.

The bill was heard before the House Judiciary Committee, along with two other bills introduced by DaSilva that would stiffen penalties on crimes against elected officials. Those bills were submitted, in part, as a response to the shooting of a congresswoman in Tucson, Ariz.
Under one, the first-degree murder of a state or municipal elected official would become an offense punishable by mandatory life imprisonment without parole. Currently, the crime carries a life sentence with the possibility of parole.

The other bill would make assaults on state and municipal elected officials a felony crime carrying a maximum prison sentence of three years and/or a fine of up to $1,500.
All three bills were held for further study.