STRANGULATION IS ABUSE

NOW ITS A FELONY

PROBLEM DEFINITIOIN
Domestic violence is a concern to the citizens of Georgia.
It affects 1 in 4 women in their lifetime. At least 44% of
them of the women will have been strangled during a
domestic altercation (GCADV, 2014). Strangulation is
about power, control, fear and submission. It let the
victim know I can kill you at will. Georgia ranks 12
th
in the
nation for women killed by domestic violence homicide
(GCADV, 2014). Georgia has a loophole in the law that
allows abusers to be charged with a misdemeanor and
receive a lighter sentence.
STRANGULATION IS A PROBLEM
Strangulation is one of the great predictors for a future
victims of homicide from domestic violence. A study
reported in the Journal of Emergency Medicine (2008 )
shows that the odds of becoming a victim of attempted
homicide increased by about seven-fold for a women who
had been strangled by their partner (Training Institute on
Strangulation Prevention, 2014).
The act of choking (applying pressure) can cause brain
damage in victim with as little as four (4) pounds of pressure
to the neck.
Death can occur in under five (5) minutes.
Victims may also no visible injuries, yet may suffer brain
damage due to the lack of oxygen during the strangulation
assault, they may have serious internal injuries or die days
or even weeks later.



STRANGULATION UP CLOSE
Raspy voice [50% experience voice changes from strangulation]
The victim blacked out or lost consciousness
Feeling light headedness, headache, nausea, vomiting
The victim loses control of their bowels or bladder
Breathing difficulty, difficulty speaking
Unusual behavior changes
Deep bruising on the neck
area where pressure was
applied breaking the neck
of the victim causing death
by manual strangulation
Hand prints left on both
sides of neck from
pressure applied from
manual strangulation
Additional Signs of Strangulation
HB-911 STRAGULATION AS AGGRAVATED ASSAULT
(AS PASSED HOUSE AND SENATE)
By: Representatives Ballinger of the 23rd, Golick of the 40th, Oliver of the 82nd, Pak of the 108th,
Quick of the 117th, and others


A BILL TO BE ENTITLED
AN ACT
1 To amend Article 2 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated,
2 relating to assault and battery, so as to add provisions regarding strangulation as an
3 aggravated assault; to amend Chapter 11 of Title 15 of the Official Code of Georgia
4 Annotated, relating to juvenile proceedings, so as to fix cross-references; to provide for
5 related matters; to repeal conflicting laws; and for other purposes.

6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
7 SECTION 1.
8 Article 2 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to
9 assault and battery, is amended by revising Code Section 16-5-21, relating to aggravated
10 assault, as follows:
11 "16-5-21.
12 (a) As used in this Code section, the term 'strangulation' means impeding the normal




15 (b) A person commits the offense of aggravated assault when he or she assaults:
16 (1) With intent to murder, to rape, or to rob;
17 (2) With a deadly weapon or with any object, device, or instrument which, when used
18 offensively against a person, is likely to or actually does result in serious bodily injury;
19 or
20 (3) With any object, device, or instrument which, when used offensively against a
21 person, is likely to or actually does result in strangulation; or
22 (4) A person or persons without legal justification by discharging a firearm from within
23 a motor vehicle toward a person or persons.
24 (b)(c) Except as provided in subsections (c) (d) through (k) (m) of this Code section, a
25 person convicted of the offense of aggravated assault shall be punished by
imprisonment
26 for not less than one nor more than 20 years.

13 breathing or circulation of blood of another person by applying pressure to the
throat
or
14 neck of such person or by obstructing the nose and mouth of such person.
HB-911
Sponsor: Rep. Mandi
Ballinger (R) of District 23
in Canton, GA
The Vote
Senate Vote #598
Yea(50), Nay(0),NV(2),
Exc(4)
House Vote #538
Yea(167), Nay(0),NV(9),
Exc(4)
Unanimous support


04/22/14-Signed by Gov. Deal
03/25/14-House Sent to Governor
03/10/14- Senate Passed /Adopted
03/10/14-Senate Third Read
03/07/14-Senate Read Second Time
03/06/14-Senate Committee
Favorably Reported
02/21/14-Senate Read and Referred
02/20/14-House Passed/Adopted As
Amended
02/20/14-House Third Readers
02/18/14-House Committee Favorably
Reported
02/06/14-House Second Readers
02/05/14-House First Reader
02/04/14-House Hopper

Retrieved from: http://www.legis.ga.gov/legislation/en-US/Display/20132014/HB/911
House Bill 911 Sponsor
HB-911 was introduced by a first term House of
Representative Mandi Ballinger (R) of District 23
of Canton, GA. This is a bill she truly believed in
and was eager to get through the legislature in
order to get Georgia on the right side of this
issue. Rep. Ballinger has a background in
business but before becoming a representative
she was a victims advocate for the Cherokee
County and the Forsyth County District
Attorney's offices. She was aware of the
loophole in the criminal justice system with
strangulation being a misdemeanor. I asked her
why she introduced this legislation: it was her
passion and connections she made with the
other who advocate is why she wanted to close
the loophole in the criminal court system for
victims of domestic violence. She was expressed
her delight about getting a unanimous vote in
both chambers under the gold dome.
Key Co-Sponsors



Representative Mary Margaret Oliver (D) District 82, Decatur is a
longtime community servant in the capital serving in both the
House of Representative and the Senate. She provides a strong
bi-partisan voice to this legislation. Rep. Oliver is well respected
and adding her name to the bill was a strategic move. She is also
a practicing lawyer and a juvenile justice advocate. Her insight
into the changes affecting juveniles was valuable to making
necessary changes to the juvenile code. She voted Yes.
Senator Mike Dugan (R) District 30, Carroll, Douglas and
Paulding counties was the Senator who presented HB-911 to
the Senate. Senator Dugan is a first term senator joining in
2013. He is a 20 year veteran of the Army. When asked to
present to the senate he was on board to close this
loophole and make sure the punishment fit the crime. He
voted Yes.
Representatives Rich Golick (R) District 40, Smyrna is a longtime
veteran of the House of Representative since 1999. He is the
chairman of the Judiciary Non-Civil Committee and Vice Chairman
of the Rules Committee. He was a key ally of Rep. Ballinger as a
first term representative which helped ensured the passage of the
bill with the strength of his tenure. He voted Yes.
Community Stakeholders
Senator Gloria Butler (D) of the 55
th
in Stone
Mountain to Snellville, GA area is a long serving
community leader. She is a champion of any
legislation that protects the community against
violence especially domestic violence. She felt this
legislation would help provide more protection to
victims of this type of abuse which often leads to
more serious abuse even death. Senators Butlers
vote was Yes, for adding strangulation to Georgias
Aggravated Assault statue.
Representative Joyce Chandler (R )of 105
th
in
Grayson, GA is in her first term in the House of
Representative. Rep. Chandlers passion is education
and juvenile justice reforms but has supported
previous legislation that helps women fight against
domestic violence and this bill was not an exception.
She voted Yes; adding strangulation to Georgias
Aggravated Assault statue. She saw no need for
improvement in the bill as it was strengthening
assisting law.
Community Stakeholders
Fulton County Victim-Witness
Assistance Program

At the Fulton County Victim-Witness
Program, I was able to speak to the
Director Dr. Amanda Plancard and her
staff about HB-911. They always track
any domestic violence bills coming
through the capital so they were
pleased with HB-911. The VWAP works
with victims of domestic violence daily
with misdemeanor cases. They feel this
bill will help give the victims a voice to
speak up for themselves in court. The
victim can expect that harsher
sentences would be available for this
crime. It would also potentially save
lives and cut down on repeat victim
offenses.


Snellville Police Department
I spoke with Sergeant Coats, who is
in charge of Training. He said HB-911
is a good bill that is endorsed by the
GACP. The bill will strengthen law-
enforcements ability to append any
offender that uses strangulation as a
weapon and now it will be charged
as a felony. There is no changing of
regulation needed to charge the
offender under the O.C.G.A. 16-5-
21, Aggravated Assault provisions . I
asked about additional training.
Once the bill becomes law, all
department do quarterly training to
stay abreast of skills. But no outside
classes or seminars are planned for
the department to recognize
strangulation victims as of now.
Community Support for HB-911
Georgia Coalition Against Domestic Violence
Georgia Association of Chiefs of Police
Reflections
As a social worker, domestic violence advocacy is one of the areas I
find myself most drawn to. I see there will always be a need to
assist, educate and guide clients toward a better outcome when it
comes to becoming a survivor. I must say, I am embarrassed that
the State of Georgia is once again at the tale end of doing the right
thing for its abuse victims. I am not discouraged though. Each year,
GCADV publish national statistics on how Georgia stacks up against
with other states. This year we are 12
th
in the nation in DV
homicides (GCADV, 2014). Strangulations is the precursor to more
violent behavior from abuser. Its their way of letting the victim
know I am in control and I have the power over you. This law has
the potential to save lives.
Suggestions to improve the outcomes for victims:
Training for all stakeholders: Domestic Violence Organization
(Shelters), Prosecutors, Victims Advocates, and Police
Organization: 1) Better recognize a strangulation victim; 2) Follow
a similar protocol for victim assistance; 3) Better victim care after
an incident of violence.
Public safety campaign about strangulation and its dangers to
raise awareness (GCFV, 2014).


Reflections
Georgia Bureau of Investigation does not keep separate data on Strangulation Aggravated Assaults
or Homicides. This is something that needs to change. Below are 2012 statistics:

Crime Reported % of Total Rate Per 100,000
Murder 573 0.15% 5.8
Rape 2,104 0.56% 21.2
Robbery 12,354 3.30% 124.5
Aggravated Assault 21,981 5.88% 221.6
Total Violent Crime 37,012 9.9% 373.1

County Population Murder Rape Robbery Aggravated Assault
DeKalb 707,361 75 1531 957 1,567
Douglas 134,778 1 20 74 269
Fulton 959,727 128 225 3,528 4,675
Gwinnett 833,744 39 190 804 853
References
Johnson, J. (2013, December 6). Athens Prosecutor, Domestic Violence Advocates seek to make Strangulation a
Felony. Athens Banner Herald. Retrieved from http:// www.onlineathens.com
Training Institute on Strangulation Prevention, (2014). Impact on Strangulation Crimes. San Diego, CA
Retrieved at http://www.stranglationtraininginstitute.com
Georgia Bureau of Investigation (GBI). (2014). 2012 Summary Report, Uniform Crime Reporting (UCR) Program.
Georgia Crime Information Center. Retrieved from: http://gbi.georgia.gov/sites/gbi.georgia.gov/
files/related_files/site_page/2012%20Statistics%20Summary%20Report.pdf
Georgia Coalition Against Domestic Violence. (2014). Retrieved from: http://gcadv.org
Georgia Coalition on Family Violence. (2014). Retrieved from: http://www.gcfv.org
Georgia General Assembly. (2014). http://www.legis.ga.gov/legislation/en-US/Display/20132014/HB/911
Photo References
http://www.bluesheepdog.com/2007.11/09/investigating-domestic-violence-
strangulation/
http://www.change.org/petitions/petition-to-make-strangulation-a-felony-charge-
oregon
http://www.dreamstime.com/royalty-free-stock-photos-one-couple-man-woman-
domestic-violence-image26424738
http://www.eastidahonews.com/2013/11/man-charged-with-attempted-strangulation/
http://www.gachiefs.com/
http://gcadv.org
http://www.house.ga.gov/Representatives/en-US/member.aspx?Member=815& Session=23
http://www.keywordpictures.com/keyword/strangulation%20marks/
http://marymargaretoliver.org.about.html
http://www.ndaa.org
http://www.pathguy.com/~lulo/lulo0002.htm
http://www.pacga.org
http://www.senate.ga.gov/senators/Documents/en-US/member.aspx?Member=
839&Session=23
http://trainerscommandpost.wordpress.com/2011/06/14/domestic-violence-strangulation/